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ITAT Mumbai

AO cannot disallow interest expense on Mere Presumption without disproving supporting evidences

April 4, 2024 969 Views 0 comment Print

The case pertained to the disallowance of interest amounting to Rs. 1,16,82,953/- paid on an unsecured loan. This ruling sheds light on the meticulous examination of evidence and the importance of substantiating claims in tax matters.

Revision u/s 263 justified as details not examined by AO: ITAT Mumbai

April 4, 2024 744 Views 0 comment Print

ITAT Mumbai held that non-examination of the details clearly makes the order of AO erroneous and prejudicial to the interest of revenue. Accordingly, PCIT correctly assumed the revisional jurisdiction under section 263 of the Income Tax Act.

Due Date for Section 36(1)(va) Commences with wages was payable’ & not when disbursed

April 3, 2024 1110 Views 1 comment Print

Explore the legal dispute between Kaarya Facilities and ITO over the interpretation of Section 36(1)(va). Due date for wages under scrutiny. ITAT Mumbai ruling analyzed.

Failure to Record Satisfaction Renders Section 148 Notice Void & Assessment Order Void-ab-initio

April 3, 2024 1506 Views 0 comment Print

Analysis of ITAT Mumbai’s ruling on void-ab-initio notice under Section 148 & assessment order. Non-recording of satisfaction renders proceedings unsustainable.

Section 148 Notice cannot be issued to Partner for Transactions Among Partnership Firms

April 3, 2024 1662 Views 0 comment Print

Explore the case of Bhagwan Laxman Rokde Vs ITO (ITAT Mumbai) regarding validity of reopening u/s.147, taxation on undisclosed income, and partnership firm transactions.

Advance from Customers Not Section 68 Income; Powers of CIT(A) Parallel to AO’s

April 3, 2024 2436 Views 0 comment Print

In the case of ITO Vs Raj Maitry & Eskon Developer, ITAT Mumbai decides advance received from customers isn’t income under section 68. Detailed analysis of the ruling.

Commission cannot be disallowed merely for increase in Rate of Commission 

April 2, 2024 948 Views 0 comment Print

Learn how ITAT Mumbai overturned a decision to disallow excessive commission paid by Srinathji Yamunaji Enterprises, citing lack of evidence and business necessity.

Section 68 Addition Unjustified if Shares’ Purchase & Sale Validated by Evidence: ITAT Mumbai

April 2, 2024 2202 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act unsustainable as assessee has established the genuineness of purchase and sale of shares by producing documentary evidence and transaction of purchase and sale of shares is done via banking channel.

Expenditure towards ESOP is allowable u/s 37(1) of Income Tax Act: ITAT Mumbai

April 2, 2024 2805 Views 0 comment Print

ITAT Mumbai held that the ESOP expenses claimed by the assessee is an allowable expenditure under section 37(1) of the Income Tax Act.

Unutilized CENVAT Credit to be Included in Closing Stock Value: ITAT Mumbai

March 31, 2024 927 Views 0 comment Print

Gold Plus Toughened Glass Ltd. appeals ITAT Mumbai’s decision confirming addition of unutilized CENVAT credit to closing stock value as per IT Act.

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