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ITAT Mumbai

Delay in filing appeal before Commissioner condoned on account of reasonable cause shown

December 7, 2023 2550 Views 0 comment Print

ITAT Mumbai held that delay of 33 months in filing appeal before Commissioner condoned on account of reasonable cause and outbreak of Covid-19. However, an amount of Rs. 51,000 directed to be deposited in the Prime Minister’s National Relief Fund (PMNRF).

Interest u/s. 244A to be calculated by adjusting refund amount towards interest and balance towards tax

December 4, 2023 8943 Views 0 comment Print

ITAT Mumbai held that the amount of interest u/s. 244A of the Income Tax Act is to be calculated by first adjusting the amount of refund already granted towards the interest component and balance left if any shall be adjusted towards the tax component.

Investment beyond six months in NABARD Bonds cannot be considered for claiming exemption u/s. 54EC

December 4, 2023 1008 Views 0 comment Print

ITAT Mumbai held that investment in NABARD Bonds beyond the specified time of six months cannot be considered for claiming exemption under the provisions of section 54EC of the Income Tax Act.

Income in case of life insurance business should be computed as per section 44 of Income Tax Act

December 4, 2023 1992 Views 0 comment Print

ITAT Mumbai held that in case of life insurance business, the income should be computed as per provisions of section 44 of the Income Tax Act and to be taxed under section 115B.

Compensation received for hardship is capital receipt hence not taxable

December 4, 2023 8118 Views 0 comment Print

ITAT Mumbai held that payments/compensation paid by developer is in the nature of hardship allowance / rehabilitation allowance is capital receipt and is not liable to tax.

ITAT Limits Addition to 0.05% of Gross Total for Cash Deposits in Bogus Business Activities

December 1, 2023 7872 Views 0 comment Print

In the Rajendra G. Parekh vs ITO case, ITAT Mumbai restricts additions to 0.05% of gross total, questioning the handling of bank accounts and involvement in bogus business activities.

ITAT Directs Re-adjudication for Late Fees u/s 234E, No Opportunity Given for Appeal Delay Reasons

December 1, 2023 996 Views 0 comment Print

In a recent appeal, Halo Technologies challenges the CIT(A)’s order on late fees under Section 234E of the Income Tax Act. ITAT Mumbai directs re-adjudication, citing lack of opportunity for the Assessee to explain the delay. Full text of the ITAT order dated 20.10.2023.

ITAT set-aside order of CIT(A) for not passing the order on merit

December 1, 2023 1047 Views 0 comment Print

Explore the ITAT Mumbai’s reversal of CIT(A)’s order in Laxman Mahadev Patil Vs ITO case for not passing a merit-based decision. Read the full text and analysis.

No section 68 addition in the hands of conduit entity

December 1, 2023 2304 Views 0 comment Print

Read the detailed analysis of the ITAT Mumbai ruling in Standard Fiscal Markets Pvt. Ltd. vs DCIT case. No section 68 addition for conduit entity. Insights on tax implications.

Transfer pricing adjustment unjustified as Specified Domestic Transaction cannot be referred to TPO after 01.04.2017

December 1, 2023 972 Views 0 comment Print

ITAT Mumbai held that reference to TPO in respect of Specified Domestic Transaction (SDT) u/s. 92BA(i) has been omitted from the statue by the Finance Act, 2017 w.e.f. 01/04/2017. Hence, entire reference and transfer pricing adjustment is invalid.

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