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ITAT Mumbai

ITAT Mumbai remands appeal for verification of income discrepancies from AIR data 

October 31, 2024 369 Views 0 comment Print

ITAT Mumbai remands appeal of BLR Logistiks (India) Ltd. for verification of income discrepancies from AIR data in Assessment Year 2015-16.

ITAT Quashes IT Assessment for Reopening Beyond 3 Years Without Sec. 151 Approval

October 31, 2024 1323 Views 0 comment Print

ITAT Mumbai quashes income tax assessment for AY 2017-18 due to lack of higher authority approval under Section 151 for reopening beyond three years.

Section 263 Revision quashed as AO duly examined relevant expense during assessment

October 31, 2024 345 Views 0 comment Print

ITAT Mumbai quashes PCIT’s Section 263 revision order, ruling AO had duly examined filing fee expenditure for share capital increase in original assessment, thus no error.

No Addition for Off-Market Penny Stocks if Purchase is Justified & Proper Documentation is Provided

October 31, 2024 1425 Views 0 comment Print

ITAT Mumbai rules that shares bought off-market and later sold on stock exchanges with proof of genuine transactions cannot be treated as unexplained income.

Disallowance of Dividend Income was deleted as sec. 44 overrides sec.14A in computation of income for Insurance Companies

October 29, 2024 1077 Views 0 comment Print

Disallowance on dividend income claimed by ICICI Prudential Life Insurance was deleted as Section 44, being a non-obstante clause, overrides the provisions of Section 14A of the Income Tax Act, 1961, in computing income for life insurance companies.

Delay in allotment of shares could not be the basis to treat investment in share application money as Loan in hands of Overseas AE

October 29, 2024 390 Views 0 comment Print

TPO proposed transfer pricing adjustments of INR 1,03,26,939/-. According to TPO, appellant had advance funds to its AE [i.e. Golden Harvest Middle East (FZC)] under the grab of share application money and there was inordinate delay in allotment of shares.

Unsold flats held as stock-in-trade should be treated as business stock and not Income from House Property

October 29, 2024 1893 Views 0 comment Print

Assessee was in the business of construction and in developing housing complexes i.e to construct the property and sell it therefore, unsold flats held as stock-in-trade should be treated as business stock, not income from house property.

Assessment order passed without serving notice under section 143(2) is liable to be quashed

October 29, 2024 3795 Views 0 comment Print

ITAT Mumbai held that passing of assessment order without mandatory service of notice under section 143(2) of the Income Tax Act is unjustified. Accordingly, assessment order being passed sans serving notice u/s 143(2) of the Act, is liable to be quashed.

Unreasoned ex-parte order is against principal of natural justice: ITAT Mumbai

October 29, 2024 441 Views 0 comment Print

ITAT Mumbai held that unreasoned order confirming addition passed ex-parte is against the principal of natural justice and hence the matter is restored back to CIT(A) for fresh consideration.

Deduction u/s. 80P(2)(d) admissible on interest derived from deposits with co-operative banks

October 29, 2024 708 Views 0 comment Print

ITAT Mumbai held that interest derived from deposits with co-operative banks is allowable as deduction under section 80P(2)(d) of the Income Tax Act to the co-operative society.

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