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ITAT Mumbai

Due to suo motu disallowance, additional disallowance on travel and foreign travel expenses unjustified

April 28, 2023 1278 Views 0 comment Print

ITAT Mumbai held that based on suo motu disallowance, additional disallowance on travel expenses and foreign travel expenses unjustified.

ITAT Mumbai upheld Addition towards PF/ESI in 143(1) proceedings

April 28, 2023 1821 Views 0 comment Print

ITAT held that if there is any incorrect claim apparent from any information in the return, then adjustment is permissible. Here in this case, once the claim of deduction as per the law in not allowable, same can be disallowed in the intimation u/s 143(1).

Subscription Fee Received by American Chemical Society cannot be Treated as Royalty

April 28, 2023 1101 Views 0 comment Print

Subscription revenue received by assessee in Chemical Extract Service and Publication division does not qualify as ‘Royalty’ in terms of section 9(1)(vi) of the Act & Article–12(3) of India–USA DTAA.

Compensation paid by builder during redevelopment of flats is capital receipt

April 27, 2023 51840 Views 6 comments Print

ITAT Mumbai held that compensation paid by the builder for facing hardship during redevelopment of flats is in nature of capital receipts and accordingly not liable to tax.

Deduction u/s 80HHE is allowed against gross total income

April 27, 2023 1323 Views 0 comment Print

ITAT Mumbai held that deduction under section 80HHE of the Income Tax Act is allowed against the gross total income.

Addition for Cash Deposit of Tuition Fee received during Demonetization – ITAT restores matter to CIT(A)

April 27, 2023 2433 Views 0 comment Print

Riya Sunil Jain Vs ITO (ITAT Mumbai) A.O has come to the conclusion that cash deposited in the bank account of the assessee has no connection with tuition income received by her. Therefore, the AO treated the cash deposited during the demonetization period appearing in the bank account as unexplained money u/s 69A of the […]

Assessment framed on the basis of mere ‘base note’ is unsustainable

April 26, 2023 1056 Views 0 comment Print

Pratap Joisher Vs ACIT (ITAT Mumbai) ITAT Mumbai held that assessment framed on the basis of ‘base note’ without preferring to collect evidence based on ‘consent waiver form’ is not sustainable in the eyes of law. Facts-On receiving information by the Central Board of Direct Taxes (CBDT) from French Authority under Article 28 of the […]

Netting of income u/s 57 allowed as there is direct nexus between interest received and paid

April 26, 2023 2088 Views 0 comment Print

ITAT Mumbai held that there is a direct nexus between interest received on loan given to firm and interest payment on loan taken from the bank and hence netting of the net interest income allowable under section 57 of the Income Tax Act.

Assessment order against Deceased despite Knowledge of his death is invalid

April 25, 2023 1899 Views 0 comment Print

AO even after knowing about death of assessee, framed assessment in the name of Deceased which is bad in law and so assessment is annulled

Dividend to non-resident shareholder attracting rates u/s 115-O doesn’t have lower rate benefit under DTAA

April 25, 2023 4638 Views 0 comment Print

ITAT Mumbai held that dividend declared, distributed or paid by a domestic company to a non-resident shareholder will attract Additional Income Tax (Tax on Distributed Profits) referred to in Sec.115-O of the Act and not at the rate of tax applicable to the non-resident shareholder(s) as specified in the relevant DTAA.

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