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ITAT Mumbai

Section 40A(3) overrides section 145(3) read with section 144

June 2, 2018 5178 Views 0 comment Print

These two appeals, filed by the assessee, being ITA No. 2135/Mum/2013 & I.T.A. No. 4896/Mum/2015 for assessment year 2009- 10 and 2008-09 respectively are directed against two separate appellate orders dated 22.01.2013 and 25-02-2015 respectively passed by learned Commissioner of Income Tax (Appeals)-33

Mere receipt in excess of limit in proviso to section 2(15) would not result in cancellation of registration U/s. 12AA

June 1, 2018 1437 Views 0 comment Print

This appeal by assessee under section 253 of income tax act is directed against the order of Director of Income tax (Exemptions) Mumbai, dated 22 November 2011 for assessment year 2009-10. The assessee has raised following grounds of appeal

TDS on Transport Charges : Benefit of Section 194C(6) cannot be denied for violation of section 194C(7)

June 1, 2018 14562 Views 0 comment Print

ITO Vs M/s. Sugarchem (ITAT Mumbai) The AO in the course of assessment proceedings requested the assessee to furnish the reasons why no TDS was deducted in respect of transportation charges. The assessee furnished PAN details of the transporters to the tune of 67,24,412/- out of 80,23,971/- in respect of nine transporters referred to in […]

Addition U/s. 69A can only be made when assessee found to be in possession of money bullion jewellery, etc., not recorded in his books of account

May 31, 2018 23856 Views 0 comment Print

DCIT Vs M/s. Karthik Construction Co. (ITAT Mumbai) As could be seen, the Assessing Officer raised suspicion on the loan repayment by doubting the genuineness of the unsecured loan availed by the assessee against which such loan repayment was made. However, as per the facts on record, unsecured loans which were repaid by the assessee […]

Purchases cannot be treated as bogus if supplier admits genuineness of transaction

May 26, 2018 4887 Views 0 comment Print

We find that DJ had admitted of issuing bogus bills.But, nowhere he had admitted that he had issued accommodation bills to the assessee. In our opinion, there is subtle but very important difference in issuing bogus bills and issuing accommodation bills to a particular party

AO cannot reopen the case without bringing something new on record

May 25, 2018 6930 Views 0 comment Print

Challenging the order dated 28/01/2016 of CIT(A)-8,Mumbai,the Assessing Officer (AO) has filed the present appeal. The assessee has raised a Cross Objection for the same.Assessee – company engaged in providing cellular mobile services and trades in accessories filed its return of income at Rs.Nil after set off of brought forward business loss.

Loss from sale of unlisted shares to relative and set off of same against capital gains from sale of Property

May 22, 2018 6042 Views 0 comment Print

This appeal by assessee under section 253 of Income-tax Act is directed against the order of Commissioner (Appeals)-35 Mumbai dated 4th September 2012, which in turn arises from assessment order passed under section 143(3) on 26 December 2008 for assessment year 2006-07. The assessee has raised following grounds of appeal

Existence of legal claims & disputes not necessary for validity of a family arrangement

May 22, 2018 10791 Views 0 comment Print

It is settled law that when parties entered into family arrangement, validity of the family arrangement is not to be judged with reference to whether the parties should raised dispute or rights or claimed rights or a certain properties had in law any such right or not.

Income from letting of warehouse is business income: ITAT Mumbai

May 22, 2018 4422 Views 0 comment Print

In both the appeals, the controversy relates to the nature and treatment of amounts received by the assesses from warehousing activity. As per the assesses the receipts from the warehousing activities are liable to be treated as business income whereas as per the Assessing Officer the same are liable to be treated as income from house property.

Deduction U/s. 10AA on Interest on electricity deposit/assaying income/refining income and sale of residual dust

May 22, 2018 3582 Views 0 comment Print

Conclusion: Notional interest on delay in realization of trade debt could not be charged from AE as there was uniformity in the act of the assessee in not charging interest from both AE and Non-AE debtors for delayed realization of export proceeds.

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