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ITAT Mumbai

Foreign Investor Gains Not Taxable in India Due to DTAA Residency Rule: ITAT Mumbai

April 6, 2026 795 Views 0 comment Print

The tribunal held that gains from sale of shares did not fall under Article 14(4). It ruled that Article 14(6) applies, making gains taxable only in the country of residence. The decision clarifies DTAA interpretation.

ITAT Mumbai: Notional Rent Taxable on Unsold Flats Held as Stock-in-Trade (Pre-Sec 23(5) Era)

April 6, 2026 603 Views 0 comment Print

ITAT held that vacant unsold flats attract tax on notional rent under house property. The key takeaway is that ownership triggers taxation even without actual rental income.

ITAT Mumbai: No Addition U/s 69 on Alleged “On-Money” Without Evidence or Cross-Examination

April 6, 2026 744 Views 0 comment Print

The tribunal ruled that unverified claims of cash payments based on third-party material cannot justify tax additions. It emphasized that evidence must directly implicate the taxpayer.

Penalty U/s 271(1)(c) Upheld on Bogus Purchases – ITAT Confirms Concealment

April 4, 2026 528 Views 0 comment Print

The issue was whether penalty for bogus purchases was justified. The Tribunal held that concealment through non-genuine purchases attracts penalty, confirming the levy.

Reopening for AY 2015-16 After 01.04.2021 Invalid – ITAT Quashes U/s 148 Notice as Time-Barred

April 4, 2026 1311 Views 0 comment Print

The issue was validity of reopening beyond the limitation period. The Tribunal held the notice issued after the prescribed time was invalid, and quashed the entire reassessment.

Foundation Seed Income Held Agricultural – ITAT Grants Section 10(1) Exemption

April 4, 2026 288 Views 0 comment Print

The issue was whether income from sale of foundation seeds qualifies as agricultural income. The Tribunal held that such activities involve basic agricultural operations and allowed exemption under Section 10(1).

Demonetisation Cash Addition Deleted – ITAT Accepts Family Savings Explanation Backed by Affidavit

April 4, 2026 723 Views 0 comment Print

The issue was addition of cash deposits during demonetisation as unexplained income. The Tribunal held that the assessee’s explanation supported by affidavit was credible, leading to deletion of the addition.

Unsecured Loan Additions Upheld – ITAT Dismisses Appeal for Failure to Prove Creditworthiness Genuineness

April 4, 2026 315 Views 0 comment Print

The tribunal dismissed the appeal as the assessee failed to appear and substantiate claims despite multiple opportunities. It emphasized that procedural non-compliance weakens legal claims.

On-Money Additions Deleted as Based Solely on Third-Party Excel Data Without Proof & Opportunity to Cross-Examine Witness

April 2, 2026 1179 Views 0 comment Print

The case involved additions made solely on an Excel sheet and a third-party statement alleging cash payments. The Tribunal ruled that such unverified material, without independent evidence, cannot justify additions.

ITAT Upheld 200% Penalty for Bogus Political Donation Under Section 80GGC

April 2, 2026 1941 Views 0 comment Print

The issue was whether penalty applies when a bogus donation claim is withdrawn after detection. The Tribunal held that post-detection withdrawal is not voluntary, and penalty for misreporting was rightly imposed.

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