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ITAT Mumbai

Justified claim of assessee cannot be denied by appellate authority by citing procedure as a tool

March 9, 2023 1194 Views 0 comment Print

ITAT Mumbai held that as and when the CPC has erred while processing the return of an assessee which causes tax liability on an assessee, then lawfully the appellate authorities should not cite procedure as a tool/ruse to deny the just claim of an assessee.

Deduction u/s. 54F available as nexus sale of gold jewellery & purchase of flat established

March 9, 2023 2328 Views 0 comment Print

ITAT Mumbai held that deduction under section 54F of the Income Tax Act duly available as nexus between sale of gold jewellery and purchase of flat duly established.

No section 271B Penalty as failure to furnish return was due to ignorance & misguidance

March 9, 2023 3375 Views 0 comment Print

ITAT Mumbai held that assessee furnished the return of income and audit report only after issuance of notice under section 148 of the Income Tax Act. Accordingly, penalty under section 271B of the Income Tax Act not leviable as failure was due to ignorance and misguidance.

TDS u/s 192 deductible on commission paid to whole time director as it forms part of salary

March 8, 2023 8172 Views 0 comment Print

Indofil Industries Limited Vs CIT (ITAT Mumbai) ITAT Mumbai held that assessee is liable to deduct tax at source in respect of commission expenses payable to the whole time directors under section 192 of the Income Tax Act only, as the same shall form part of their salary payment only. Facts- The assessee company is […]

Adverse view against innocent regular investor due to misuse of some person to rig certain shares is unjustified

March 6, 2023 1758 Views 0 comment Print

ITAT Mumbai held that merely because some person misused the share market to rig certain shares in the share market, adverse view against innocent regular investor is unjustifiable and unsustainable in law.

PCIT cannot substitute his view in exercise of revisional jurisdiction u/s. 263

March 5, 2023 759 Views 0 comment Print

PCIT has tried to super impose his view in exercise of powers u/s. 263 of Income Tax Act over one of possible view taken by Assessing Officer.

Adjustments for disallowance of deduction u/s 80P not authorized to be carried out by CPC

March 4, 2023 6024 Views 0 comment Print

ITAT Mumbai held that CPC (Centralised Processing Centre) is not authorized to carry out adjustments for disallowance of deduction under section 80P of the Income Tax Act.

Issuance of draft assessment order along with demand notice is bad in law

March 4, 2023 2304 Views 0 comment Print

ITAT Mumbai held that issuance of draft assessment order along with the demand notice is in violation of provisions of section 144C of the Income Tax Act and hence bad in law.

Amount spent on clinical trials outside approved-in-house facility eligible for weighted deduction u/s 35(2AB)

March 3, 2023 606 Views 0 comment Print

ITAT Mumbai held that the amount spent by the assessee on clinical trials outside the approved in-house facility is eligible for weighted deduction u/s 35(2AB) of the Act.

Ad-hoc determination of ALP by TPO de-hors Section 92C(1) & cannot be sustained

March 1, 2023 1230 Views 0 comment Print

Section 92C(1) of Act, contemplates that arms length price in relation to an international transaction shall be determined by comparable uncontrolled price method; resale price method; cost plus method; profit split method; transactional net margin method or such other method as may be prescribed by Board.

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