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ITAT Mumbai

Mere Non-receipt of confirmation from sundry creditors cannot result into addition

July 17, 2023 3930 Views 0 comment Print

ITAT Mumbai held that non-receipt of confirmation from the sundry creditors under section 133(6) of the Income Tax Act cannot result into addition since parties are identified, transaction of purchase of land is accepted and reason for outstanding amount is explained.

Benchmarking corporate guarantee fees based on bank guarantee rates is incorrect

July 17, 2023 2451 Views 0 comment Print

ITAT Mumbai held that the bank guarantee rates cannot be considered for benchmarking corporate guarantee fees, therefore benchmarking of AO and DRP is also incorrect. It depends on creditworthiness of parties and benefit arising out of the same in the hands of the parties to the transaction.

Deduction u/s 10AA available on trading activities from SEZ

July 17, 2023 1596 Views 0 comment Print

ITAT Mumbai held that activities of import of goods for re-export (i.e. trading activities) falls within the meaning of service defined u/s 2(z) of SEZ Act and accordingly the profits and gains derived from such services rendered from SEZ would be eligible for deduction u/s. 10AA of the Income Tax Act.

Mere Board Resolution doesn’t crystallize a liability for Expenditure on discontinuance of Clinics

July 17, 2023 555 Views 0 comment Print

ITAT Mumbai concurred with AO and CIT(A), highlighting that a Board Resolution doesn’t create a liability until implemented. The tribunal emphasized that costs for employee termination and lease termination arise when notice of termination is served.

ITAT Mumbai Deletes Addition for Deemed Interest on Director’s Loan to Company

July 17, 2023 1194 Views 0 comment Print

Read the full text of the ITAT Mumbai order in the case of Nikhil Suryakant Shah vs ITO. The ITAT has deleted the addition for deemed interest on a loan given by the director to the company. Get the analysis and conclusion here.

Interest earned by co-operative society from deposit with co-operative banks eligible for deduction u/s 80P(2)(d)

July 15, 2023 15687 Views 0 comment Print

ITAT Mumbai held that deduction u/s 80P(2)(d) of the Income Tax Act is duly available to co-operative society on the interest income/dividend received/earned from deposits with the co-operative banks.

Exemption u/s 54 duly available as construction of residential house completed within 3 years

July 15, 2023 3108 Views 0 comment Print

ITAT Mumbai held that the assessee is eligible to claim exemption u/s. 54 of the Income Tax Act as the construction of residential house completed within three years from the relevant date.

Expenditure for acquisition of individual club membership is not allowable

July 15, 2023 7845 Views 0 comment Print

ITAT Mumbai held that membership fee expenses have been incurred for acquisition of individual club membership is not allowable as expenditure in terms of provisions of section 37 of the Income Tax Act.ITAT Mumbai held that membership fee expenses have been incurred for acquisition of individual club membership is not allowable as expenditure in terms of provisions of section 37 of the Income Tax Act.

Addition due to mismatch in 26AS and in books of account unsustained as difference duly explained

July 15, 2023 3333 Views 0 comment Print

ITAT Mumbai held that addition on account of mismatch between the income reported under form number 26AS and the income recorded in the books of accounts unsustainable since the mis-match duly explained.

Order passed without considering documents furnished is liable to be remanded back

July 15, 2023 1377 Views 0 comment Print

ITAT Mumbai remanded the matter to jurisdictional AO for de novo adjudication since the assessee was not able to furnish the documents at the time of assessment proceedings and the documents furnished before CIT(A) were not considered/ verified.

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