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ITAT Mumbai

Ignorance of Tax Law for Partnership Income Not A Reasonable Excuse for Late ITR Filing

June 27, 2023 1980 Views 0 comment Print

Ignorance of tax obligations on income earned from a partnership doesn’t excuse late filing of Income Tax Returns. ITAT Mumbai upholds Section 271F penalty in a recent case involving an advocate and his late ITR filing.

Non-Resident: Unsustainable Section 69 Addition for Investment in India

June 27, 2023 4221 Views 0 comment Print

ITAT Mumbai held that addition u/s 69 of the Income Tax Act unsustainable as the assessee being non-resident, income has been invested in India and not arisen in India.

PF Contribution Deadline: 15 Days from Month-end for Salary Earned

June 27, 2023 4848 Views 0 comment Print

ITAT Mumbai held that the employer has to remit both the contributions (employee’s contribution and employer’s contribution) to the Provident Fund within 15 days from the close of the month for which the employees earned their salary i.e., Salary payable.

Composite rental income for letting out school building with infrastructure and amenities taxable under house property

June 27, 2023 2166 Views 0 comment Print

ITAT Mumbai held that composite rental income received by letting out school building with infrastructure and amenities is taxable under the head ‘Income from House Property’ and not under ‘Income from income from other sources’ in view of section 56(2)(ii) of the Income Tax Act.

CIT(A) cannot enhance assessment on a ground that is not a subject of rectification order

June 27, 2023 1356 Views 0 comment Print

Explore the Ahmednagar Investments Pvt. Ltd. vs DCIT case where the ITAT Mumbai rejected the claim of LTCG under section 10(38) due to the non-submission of documents, subsequently quashing the order.

Section 115BBE doesn’t apply when matter doesn’t involve section 68, 69, 69A, 69B, 69C & 69D

June 27, 2023 1194 Views 0 comment Print

ITAT Mumbai held that addition u/s 115BBE of the Income Tax Act unsustainable as present case doesn’t involve invocation of any of the sections i.e. section 68, 69, 69A, 69B, 69C & 69D of the Income Tax Act.

Ambiguity of charge sufficient to vitiate Section 271(1)(c) Penalty proceedings

June 27, 2023 924 Views 0 comment Print

A deep dive into ITAT Mumbai’s ruling in I.G. International Pvt Ltd Vs ACIT, underscoring the importance of unambiguous notices under section 271(1)(c) of the Income Tax Act, 1961.

Addition u/s 68 towards unexplained cash credit unsustainable as cash sales already reflected in P&L

June 26, 2023 6012 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act towards unexplained cash credit unsustainable as cash proceeds already reflected in Profit & Loss account, hence addition u/s 68 will amount to double taxation.

Deduction of unamortized brokerage claimed via revised return is allowable

June 25, 2023 657 Views 0 comment Print

ITAT Mumbai held that deduction of unamortized brokerage expenses claimed through revised return of income is duly allowable.

Interest paid u/s 201(1A) on late payment of TDS is penal in nature

June 25, 2023 3627 Views 0 comment Print

ITAT Mumbai held that disallowance of interest expenditure paid u/s. 201(1A) of the Income Tax Act on late payment of TDS is penal in nature and not compensatory.

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