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ITAT Mumbai

Issuance of Letter of Comfort to banker of AE doesn’t constitute international transaction u/s. 92B: ITAT Mumbai

March 18, 2024 1188 Views 0 comment Print

ITAT Mumbai held that there is a fundamental gap between guarantee and Letter of Comfort. Guarantee is a legally enforceable; however, Letter of Comfort is not. Thus, issuing Letter of Comfort to the Bankers of AE, the assessee did not incurred any cost and hence it does not constitute international transaction under section 92B of the Act

Denial of exemption u/s. 54 due to mistake committed by developer unjustified: ITAT Mumbai

March 18, 2024 795 Views 0 comment Print

ITAT Mumbai held that denial of exemption under section 54 of the Income Tax Act unjustified as appellant cannot be penalized for the mistake committed by the developer/seller in allocating the flat. Thus, exemption u/s. 54 granted as all the conditions satisfied.

If recipient has paid tax, no demand under section 201(1) should be enforced

March 18, 2024 1683 Views 0 comment Print

Mumbai ITAT ruling in Canara Bank vs. ACIT case clarifies TDS liability when taxpayer unaware of subsequent TDS certificate. Detailed analysis & implications.

Business restructuring entered by enterprise with associated enterprise qualifies as international transaction

March 16, 2024 978 Views 0 comment Print

ITAT Mumbai held that business restructuring entered into by an enterprise with its associated enterprise for eliminating duplicate corporate procedures falls within the ambit of “international transaction” as defined in section 92B of the Income Tax Act.

Lack of Legal Understanding & Consultant’s Technological Limitations: ITAT denied Condonation of delay

March 15, 2024 792 Views 0 comment Print

Read about the ITAT Mumbai ruling in Inderjit Singh Manchanda vs. CIT case, where the application for condonation of delay regarding penalty proceedings appeal was dismissed.

Sales value cannot be enhanced with GST without Adjusting Opening/Closing Stock and Purchases Valuation

March 15, 2024 1911 Views 0 comment Print

ITAT Mumbai concluded that the enhancement of the value of sales without corresponding adjustments to purchases was erroneous.

ITAT Upholds Deletion: Service Tax Declaration Discrepancy in Form 26AS and P&L Account

March 9, 2024 1014 Views 0 comment Print

Read how ITAT Mumbai upheld the deletion of an addition due to discrepancies between Form 26AS and the Profit & Loss Account in the case of ACIT Vs BBH Communications India Pvt Ltd.

ITAT Grants MAT Credit Claim under Vivad se Vishwas Scheme

March 9, 2024 1191 Views 0 comment Print

ITAT Mumbai allows United Spirits Limited to claim MAT credit under the VSV Scheme for the year in question, setting a precedent for similar cases.

Tax treaty benefit cannot be denied for Fraud mobile number: ITAT Mumbai

March 4, 2024 1428 Views 0 comment Print

In a landmark decision, ITAT Mumbai rules in favor of Abu Dhabi Investment Authority, stating that a fraud mobile number cannot deny tax treaty benefits. Full text of the order included.

Unsigned Assessment Order Invalid, Section 292B Not Applicable: ITAT Mumbai

March 3, 2024 5676 Views 1 comment Print

ITAT Mumbai rules an unsigned assessment order against Reuters Asia Pacific Ltd. invalid, clarifying Section 292B of Income Tax Act doesn’t cure this defect.

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