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ITAT Mumbai

Section 270A penalty Not Sustainable: Lack of Application of Mind & Violation of Principles of natural justice

June 14, 2023 4128 Views 0 comment Print

ITAT directs re-adjudication of penalty imposed under section 270A of the IT Act for misreporting of income without the application of mind.

Addition towards bogus purchases unsustainable if bogus purchases shows higher gross profit than regular

June 14, 2023 1926 Views 0 comment Print

ITAT Mumbai held that addition towards bogus purchases unsustainable if the alleged bogus purchases show gross profit higher than the regular gross profit.

Joint ownership cannot stand in way of claiming exemption u/s 54F

June 14, 2023 4245 Views 0 comment Print

ITAT Mumbai held that that the joint ownership of the property would not stand in the way of claiming exemption under Section 54F of the Income Tax Act.

Increase in business income due to addition of concealed production not eligible for deduction u/s 80IB

June 14, 2023 786 Views 0 comment Print

ITAT Mumbai held that deduction u/s 80IB of the Income Tax Act, in respect of increased business income due to addition on account of concealed production, is not allowable.

Receipt of fabrication charges from Associate Enterprise outside the purview of FTS

June 14, 2023 651 Views 0 comment Print

ITAT Mumbai held that fabrication charges received from Associate Enterprise doesn’t fall under the purview of fees for technical services (FTS) and accordingly not taxable in India.

Allotment letters should be considered as ‘agreement to sell’ for section 56(2)(x)

June 14, 2023 8526 Views 0 comment Print

ITAT Mumbai held that allotment letters issued for purchase of flat should be considered as ‘Agreement to sell’ for the purpose of section 56(2)(x) of the Income Tax Act.

Penalty u/s 271(1)(c) unsustainable in absence of recording of satisfaction

June 14, 2023 1347 Views 0 comment Print

ITAT Mumbai held that recording of satisfaction for initiating penalty u/s 271(1)(c) of the Act is not in accordance with the provisions of the Act, accordingly, penalty u/s 271(1)(c) not sustained.

Condonation of delay in filing of appeal granted in absence of malafide or deliberate intention

June 13, 2023 21255 Views 0 comment Print

ITAT Mumbai held that as there was no malafide or deliberate in action on the part of the assessee in filing the appeal with delay of 387 days before the Ld. CIT(A). Accordingly, it was directed to CIT(A) to condone the delay.

Foreign Currency Convertible Bond expenses included as FCCB premium expense is allowable

June 13, 2023 867 Views 0 comment Print

ITAT Mumbai held that FCCB i.e. Foreign Currency Convertible Bond expenses included as part of FCCB premium expenses is allowable.

Amendment to section 40(a)(ia) vide Finance (No.2) Act, 2014 effective from AY 2015-2016

June 13, 2023 876 Views 0 comment Print

ITAT Mumbai held that amendment to section 40(a)(ia) of the Income Tax Act vide the Finance (No.2) Act, 2014 is effective from 01/04/2015 and shall be applicable from the Assessment Year 2015-2016.

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