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ITAT Mumbai

Assessment orders against non-existent Companies/entities are invalid

June 4, 2024 1743 Views 0 comment Print

Tribunal upheld the appellate order and dismissed the appeals filed by the Assessing Officer, as the assessment orders against the non-existent company were not sustainable.

Section 54 deduction should be Reckoned from Date of Possession Handover by Builder

May 26, 2024 10422 Views 0 comment Print

In Sunil Amritlal Shah vs ITO, ITAT Mumbai ruled on Sec.54 deduction, stating possession date as relevant for under-construction property. Read the full analysis.

ITAT Mumbai Confirms Applicability of Section 50C for Short-Term Capital Gains on Land Transfer

May 25, 2024 12159 Views 0 comment Print

ITAT Mumbai confirms ₹1.45 crore short-term capital gains addition under Section 50C for land transfer, rejecting the taxpayer’s claim of purchase on behalf of a company.

ITAT allows Section 10AA deductions for trading activities

May 25, 2024 822 Views 0 comment Print

ITAT Mumbai upholds Bytescale Technologies’ deduction for trading activity under Section 10AA for AY 2018-19; foreign tax credit also approved

AO cannot reopen the assessment only on suspicion: ITAT Mumbai

May 22, 2024 4626 Views 0 comment Print

ITAT Mumbai rules in favor of V. K. Nanavaty Share and Stock Brokers Pvt. Ltd, quashing the reopening of assessment as wholly without jurisdiction under section 148 of the Income Tax Act.

IT Support Payments Not FTS under Article 12 of India-Netherlands DTAA

May 18, 2024 1542 Views 0 comment Print

In a landmark ruling, ITAT Mumbai provides relief to Shell IT, asserting that payments for IT support aren’t considered FTS under India-Netherlands DTAA.

ITAT Directs AO to Exclude Sold & Advance-Received Flats from Stock

May 17, 2024 1179 Views 0 comment Print

Assessing Officer to exclude flats already sold or for which advances were received from the stock held by the assessee. For the remaining flats held as stock in trade, the municipal ratable value should be adopted for determining the income from house property.

TDS not deductible on interest retained by NBFCs on assets purchased by SBI

May 14, 2024 1335 Views 0 comment Print

Whether interest retained by NBFCs on assets purchased by SBI falls under categories of interest, fees for professional/technical services, or commission/brokerage?

Letters of Comfort will construe as an International Transaction u/s 92B

May 13, 2024 1476 Views 0 comment Print

Issuance Of Letters Of Comfort/Support will Construe As International Transaction U/s 92B considering corporate guarantee issued by assessee could not be compared with the letters of comfort and therefore agreed with the computation of arm’s length rate of 0.04%.

ITAT Upholds AO’s Decision to Treat Rental Income as House Property Income & Disallow Depreciation

May 12, 2024 1239 Views 0 comment Print

ITAT noted that company’s primary objective was providing IT services, not letting out properties. Therefore, it upheld Assessing Officer’s decision to treat rental income as income from house property and disallow depreciation claimed by company.

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