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ITAT Mumbai

Share of Partnership Profit Not Taxable for Firm’s Non-Payment of taxes

July 31, 2023 2844 Views 0 comment Print

“ITAT Mumbai upholds tax exemption for share of profit from partnership firm, rejects addition u/s 68 due to non-payment of taxes by the firm. Read the full ruling.

Section 44AD: Production supervisor can adopt Presumptive Taxation scheme

July 31, 2023 2811 Views 0 comment Print

ITAT Mumbai rules in favor of a production supervisor, declaring no illegality in adopting presumptive tax under section 44AD. Full analysis of the case.

ITAT Mumbai Imposes Cost of Rs. 5000 on Non-Compliant Assessee

July 31, 2023 1125 Views 0 comment Print

ITAT Mumbai allows the appeal by Jerry John Mendonca against the order of the Ld. CIT(A) for AY 2011-12. The ITAT imposes a cost of Rs. 5,000 on the assessee for non-compliance, to be paid to the PM Relief Fund.

ITAT Mumbai: No Penalty on Estimated Addition – L.S. Diamonds Vs CIT

July 31, 2023 1131 Views 0 comment Print

ITAT Mumbai rules that penalty under section 271(1)(c) of the Income Tax Act is not leviable on estimated additions. The decision is based on the principle established in previous judgments.

Corporate Guarantee facility provided to overseas AE is international transaction

July 31, 2023 1077 Views 0 comment Print

ITAT Mumbai held that Corporate Guarantee facility provided to overseas AE by the assessee is an international transaction and hence addition towards Arm’s Length Guarantee Fee confirmed.

ITAT Allows Deduction u/s. 80JJAA: Revised Return Categorization Mistake corrected

July 31, 2023 1668 Views 1 comment Print

ITAT Mumbai allows the claim of deduction u/s. 80JJAA for the assessment year 2020-21, as the taxpayer had filed the original return of income on time. The claim was initially denied due to an error in categorizing the revised return as an original return.

Delay in filing cross objection without plausible explanation cannot be condoned

July 30, 2023 906 Views 0 comment Print

Read the detailed analysis of ITAT Mumbai’s decision on DCIT Vs ICICI Bank Ltd., addressing disallowance of exempt income, inordinate delay, and the crucial role of interest-free funds.

Passing of final assessment order u/s 144C(13) without draft assessment order is unlawful

July 29, 2023 2682 Views 0 comment Print

ITAT Mumbai held that assessing officer passed final assessment order u/s 144C(13) r.w.s 143(3) without passing a draft assessment order u/s 144C(1), said order being violative of provisions of Sec. 144C(1) deserved to be set aside.

Order passed in name of non-existing amalgamated company quashed

July 28, 2023 984 Views 0 comment Print

ITAT Mumbai held that where assessee company was amalgamated with another company and thereby lost its existence, assessment order passed subsequently in name of said non-existing entity, would be without jurisdiction and liable to be set aside.

Pharmacy Store Income Incidental to dominant object of running Hospital- Not Taxable

July 28, 2023 2706 Views 0 comment Print

ITAT Mumbai held that twin conditions as set out in section 11(4A) of the Income Tax Act are satisfied and income accrued from Pharmacy store is incidental to the dominant object of running Hospital. Hence, addition towards profits earned from Pharmacy Store not taxable.

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