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ITAT Mumbai

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

December 1, 2023 1032 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.

Compensation to real estate developer for closure of agreement allowable as revenue expenditure

December 1, 2023 1158 Views 0 comment Print

ITAT Mumbai held that compensation paid to a real estate developer for closure of agreement is allowable as revenue expenditure when the payment of such compensation is closely related to the business of the assessee.

Carried forward unabsorbed depreciation permitted to be set off against short term capital gain

November 30, 2023 10734 Views 0 comment Print

ITAT Mumbai held that the unabsorbed depreciation which is carried forward from earlier years is permitted to be set off against the short term capital gains.

Deduction u/s 80(2)(d) available to co-operative society on interest received on deposits with co-operative bank

November 30, 2023 10908 Views 0 comment Print

ITAT Mumbai held that were the co-operative society receives/earns the interest on deposits with the co-operative bank is eligible for claim of deduction under Section 80(2)(d) of the Income Tax Act.

Addition u/s 68 towards unexplained cash credit based on presumptions & conjectures unsustainable

November 30, 2023 4251 Views 0 comment Print

ITAT Mumbai held that addition u/s. 68 of the Income Tax Act towards unexplained cash credit unsustainable as the addition was made by AO on the basis of presumptions and conjectures and without conducting any independent investigation.

Section 50C Addition Cannot be Made by CPC Under Section 143(1)

November 30, 2023 7413 Views 0 comment Print

Prabha Anil Gandhi vs. ADIT (ITAT Mumbai): ITAT rules on CPC’s jurisdiction, Section 50C adjustments, and processing under section 143(1).

Adoption of stamp duty valuation u/s 50C without making reference to DVO unsustainable

November 29, 2023 1293 Views 0 comment Print

ITAT Mumbai held that adoption of stamp duty valuation invoking provisions of section 50C of the Income Tax Act without making reference to District Valuation Officer (DVO) unsustainable. Accordingly, matter remanded for de novo proceedings.

Non-striking on irrelevant limb u/s 271(1)(c) vitiates entire penalty proceedings

November 28, 2023 972 Views 0 comment Print

ITAT Mumbai held that as the assessee should be aware of the exact charge for which the penalty proceeding has been initiated, non-striking on the irrelevant limb under section 271(1)(c) of the Income Tax Act vitiates the entire penalty proceedings.

ITAT Mumbai Allows MAT Credit & Carry Forward of Capital Loss in Demerger

November 28, 2023 2376 Views 0 comment Print

ITAT Mumbai order in DCIT vs Brandon & Co. (P) Ltd.: Set-off of carry-forward loss of capital gains in demerger. Analysis and conclusions provided.

Bogus Purchase: ITAT Mumbai restricts profit element of purchases at 4%

November 28, 2023 7272 Views 0 comment Print

Explore the JMD Corporation vs ITO case where ITAT Mumbai restricts profit element of purchases at 4%, examining allegations of bogus purchases for A.Y. 2011-12.

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