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ITAT Mumbai

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

June 25, 2023 3681 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.

Mistake apparent from record, constitutes a rectifiable mistake under section 254(2): ITAT Mumbai

June 25, 2023 735 Views 0 comment Print

A detailed analysis of the decision made by the Income Tax Appellate Tribunal (ITAT) Mumbai in the case of Ambuja Cements Limited Vs ACIT. The Tribunal allowed rectification of a mistake apparent from the record under section 254(2) of the Income Tax Act, 1961

Erroneous reporting of payment dates of EPF Contribution by Auditor, ITAT directs re-adjudication

June 25, 2023 660 Views 0 comment Print

Dive into the Ernst & Young Merchant Vs ACIT case, where ITAT Mumbai assessed an error in the tax auditor’s report concerning provident fund contributions, and understand its implications on taxation law.

Director’s education expenditure disallowed on failure to establish direct relationship with business activity

June 25, 2023 1803 Views 0 comment Print

ITAT Mumbai held that disallowance of Director’s education expenditure u/s 37(1) of the Income Tax Act sustained as assessee failed to prove such expenditure had direct relationship with the business activity. Accordingly, assessee failed to prove that expenditure were incurred wholly and exclusively for business.

Proceedings Under IBC 2016 Halts Legal Suit Against Corporate Debtor

June 25, 2023 522 Views 0 comment Print

The ITAT Mumbai ruled that no legal suit or proceeding can continue against a corporate debtor until the conclusion of proceedings under the Insolvency and Bankruptcy Code (IBC) 2016.

No Section 271B Penalty for delay due to Reasonable Causes

June 25, 2023 2754 Views 0 comment Print

Exploring recent decision of ITAT Mumbai in Rasik Nemchand Pethad Vs DCIT where it was determined that Section 271B penalty doesn’t apply when there’s reasonable cause for failure to comply with provisions.

Addition invoking section 56(2)(vii)(b) unsustained as stamp duty value less than agreement value

June 24, 2023 3432 Views 0 comment Print

ITAT Mumbai held that as conditions in second proviso to section 56(2)(vii)(b) satisfied, stamp duty as on the date of agreement would be compared with agreement value. Accordingly, since the stamp duty value is less than the agreement value, addition unsustainable.

On-money income assessable in year in which sale of concerned flat is declared

June 24, 2023 2505 Views 0 comment Print

ITAT Mumbai held that the income portion of the on-money is assessable in the year in which the sale of concerned flat is declared by the assessee.

Addition u/s 68 merely based on suspicion without cogent evidence is unsustainable

June 24, 2023 1554 Views 0 comment Print

ITAT Mumbai held that the Revenue has failed to prove with any cogent evidence on record that the assessee was involved in converting his unaccounted money into long-term capital gains and short-term capital gains by conniving with any entry operator/exit provider. Accordingly, addition u/s 68 merely on the basis of suspicion unsustainable.

Service tax amount cannot be included in gross receipt for Tax Audit u/s 44AD

June 24, 2023 2391 Views 0 comment Print

ITAT Mumbai held that as service tax doesn’t partake the character of income, the same cannot be included in the gross receipt of the assessee for the purpose of computing the presumptive taxation u/s 44AD of the Income Tax Act.

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