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ITAT Mumbai

Interest U/s. 244A on refund of excess SA tax payable from self-assessment tax payment date

March 11, 2018 4479 Views 0 comment Print

Refund under section 244A(1)(b) of the Act on self assessment tax is to be paid from the date of payment of self assessment tax till the date of grant of refund.

No disallowance U/s. 40(a)(ia) if recipient already paid taxes on sources of income

March 11, 2018 3099 Views 1 comment Print

Dis allowance under section 40(a)(ia) on the ground that the assessee had failed to deduct the tax at source on payment made was not justified as the recipient had already paid the taxes on the sources of income and due certificate was also furnished by the assessee.

Agreement date of purchase relevant when physical possession of property given at a later date to Compute Short Term or Long Term Capital Gain

March 11, 2018 12615 Views 0 comment Print

The Mumbai bench of Income Tax Appellate Tribunal ( ITAT ) has ruled that date of possession is not material fact for deciding the period of holding to Compute Short Term or Long Term Capital Gain.

Immovable Property introduction as capital in LLP- Tax will be computed on amount recorded in books of account of firm

March 9, 2018 16821 Views 1 comment Print

Mumbai bench of Income Tax Appellate Tribunal (ITAT), recently upheld the book-value based taxation of partner on capital contribution of immovable property in the case of a Limited Liability Partnership (LLP) and proclaimed in its recently published order.

ITAT confirms Penalty on admitted bogus purchase to Inflate work in progress

March 8, 2018 2241 Views 0 comment Print

Centaur Mercantile P. Ltd. Vs ACIT (ITAT Mumbai) It is undisputed that the assessee has booked bogus purchases thereby inflating work-in-progress. Hence, it is clear that the assessee was owner of undisclosed income during the year. It was because of the system of accounting followed by the assessee being percentage completion method, that there was […]

Sec 254(2) Tribunal can’t Review its own order unless there is a Mistake apparent from Records

March 8, 2018 2922 Views 0 comment Print

Scope of Section 254(2) to rectify mistake apparent from record is very limited and tribunal cannot review its own decisions within limited scope of Section 254(2) unless there is a mistake apparent from records neither it is shown that tribunal order is perverse not sustainable in the eyes of law.

Business income or capital gains on Purchase & sale of shares- ITAT adopts 30 days theory

March 6, 2018 9039 Views 0 comment Print

Gains arising from purchase and sale of shares which were squared up within 30 days of purchase would be treated as business income and if transactions were squared up after 30 days of purchase of shares same would be treated as capital gains and in the case of business income STT paid would be allowed.

ITAT stays demand raised on addition made by CIT(A)

March 5, 2018 1992 Views 0 comment Print

Estate of Late Vrajlal Mehta Vs ACIT (ITAT Mumbai) We noticed that explanation of the assessee that two bank accounts belonged to Shri Rajesh Mehta have been accepted by the search officials as well as Assessing Officer. We notice that the balance available in those bank accounts have been assessed by the learned CIT(A) only, […]

No disallowance U/s. 14A in absence of expenditure to earn exempt income

March 5, 2018 2310 Views 0 comment Print

M/s. Varsha Corporation Ltd. Vs. Dy. CIT (ITAT Mumbai) In the case under consideration, in the computation of income,the assessee had not claimed any exempt income. The expenditure claimed by it in the profit and loss account have not been shown to have been incurred for earning any exempt income during the year under consideration. […]

In absence of issue of notice U/s. 143(2) assessment U/s. 143(3) r.w. section 147 was invalid and void ab initio

March 4, 2018 6099 Views 1 comment Print

Shri Ramesh Salecha HUF Vs. ITO (ITAT Mumbai) Revenue could not produce before us any evidence to show that notice under sections 143(2) has been issued or served to the assessee the re-assessment made under sections 143(3) read with section 147 is void ab-initio in view of the above decisions of the Honorable Allahabad High Court in […]

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