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ITAT Mumbai

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

July 15, 2023 1464 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.

TDS Credit on House Property Sale allowed to HUF despite deduction in Individual Account

July 15, 2023 1497 Views 0 comment Print

ITAT Mumbai rules in favour of Anant Singhania HUF, allowing TDS credit for sale of housing property. The landmark decision provides clarity on tax deductions and credits.

Deduction u/s 80G duly allowable even if expense is incurred for CSR

July 14, 2023 2682 Views 0 comment Print

ITAT Mumbai held that the claim for deduction under section 80G of the Income Tax Act in respect of Corporate Social Responsibility (CSR) expenses cannot be denied.

Provisions of section 14A r.w.r. 8D cannot be invoked in absence of any exempt income

July 13, 2023 762 Views 0 comment Print

ITAT Mumbai held that provisions of section 14A r.w.s. 8D of the Income Tax Rules not invocable as assessee has not earned any exempt income during the year. Accordingly, disallowance duly deleted by CIT(A).

Time-Barred TPO Order Renders Assessee Ineligible

July 10, 2023 1560 Views 0 comment Print

ITAT Mumbai held that the moment the order of the TPO is barred by limitation and quashed the assessee ceases to be an eligible assessee. Hence the time limit for completion of the assessment reverts back to 21months. Final assessment order passed after that is barred by limitation.

Profit before depreciation is to be considered as Profit Level Indicator for transfer pricing analysis

July 10, 2023 1671 Views 0 comment Print

ITAT Mumbai held that profit before depreciation (PBDIT) is to be considered as Profit Level Indicator (PLI) for transfer pricing analysis for benchmarking the international transaction.

Disallowance towards delayed payment of PF & ESIC unjustified as amount paid before due date of return u/s 139(1)

July 9, 2023 1119 Views 0 comment Print

ITAT Mumbai held that disallowance towards payment of PF & ESIC u/s 36(1)(va) unjustified as the amount is deposited before the due date of return of income u/s 139(1) of the Income Tax Act.

Addition based on rough notes with corroborative evidence sustained

July 8, 2023 2940 Views 0 comment Print

ITAT Mumbai held that addition towards unaccounted cash receipts on the basis of seized documents i.e. rough notes duly supported with corroborative evidence sustained.

Extended time limit not available as assessee ceases to be an ‘eligible assessee’

July 7, 2023 1197 Views 0 comment Print

ITAT Mumbai held that as the assessee ceases to be an ‘eligible assessee’ under provisions of section 144C of the Income Tax Act, extended time limit for assessment is not available to AO. Accordingly, order of TPO is barred by limitation.

Dividend earned from Egypt would not be taxable in India as per DTAA: ITAT

July 7, 2023 1080 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal held that expenses made pertaining to Club Membership fees shall be allowed as business expenditure.

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