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ITAT Mumbai

Addition u/s 69A unsustainable as source of loan transaction duly explained

June 24, 2023 8244 Views 0 comment Print

ITAT Mumbai held that once the transaction is duly recorded in the books of accounts and due explanation with regard to source of loan transaction is provided, addition u/s 69A towards unexplained money unsustainable.

Expenditure incurred on community development is allowable u/s 37(1)

June 23, 2023 1146 Views 0 comment Print

ITAT Mumbai held that expenditure incurred on community development/CSR are allowable under section 37(1) of the Income Tax Act.

Amount not taxable under ‘capital gain’ as there is no transfer of right, title or interest in property

June 22, 2023 2859 Views 0 comment Print

ITAT Mumbai held that amount under the head ‘capital gain’ not taxable as there is no transfer of any right, title, or interest in the property.

Deduction u/s 36(1)(va) allowed if payment made on day next to due date, as due date being a holiday

June 22, 2023 1818 Views 0 comment Print

ITAT Mumbai held that employee’s contribution paid on day next to the due date and due date being a national holiday. Matter remanded back to AO for examining the payments made and allowing the deduction u/s 36(1)(va).

Penalty u/s 271(1)(c) untenable as making of claim doesn’t amount to furnishing of inaccurate particulars

June 21, 2023 2193 Views 0 comment Print

ITAT Mumbai held that penalty u/s 271(1)(c) not leviable as mere making of a claim which is not sustainable in law by itself will not amount to furnishing of inaccurate particulars of income.

AO directed to examine leasehold or complete right over property vis-à-vis applicability of section 50C

June 21, 2023 2643 Views 0 comment Print

ITAT Mumbai has directed AO to obtain the complete information and examine whether assessee has only leasehold right or complete rights over the property so that provisions of section 50C of the Income Tax Act are attracted.

Addition for Sponsorship Contributions- Additional Evidence – ITAT directs AO to re-adjudicate 

June 21, 2023 609 Views 0 comment Print

In the case of Bhagyashree Manohar, it was determined that the assessee should not suffer due to non-filing of material information. Considering the new evidences, the case was set aside, and the issues were restored to the AO for fresh adjudication.

Issue of notice u/s 148 against deceased assessee is null in the eyes of law

June 20, 2023 7008 Views 0 comment Print

ITAT Mumbai held that issuance of notice for re-opening of assessment under section 148 of the Income Tax Act against the deceased assessee is null in the eyes of law.

Changes in section 139(4) & 139(5) by Finance Act 2016 not retrospective

June 20, 2023 1548 Views 0 comment Print

Insightful analysis of the ITAT Mumbai ruling in the case of Qayum Ismail Mukaddam Vs CIT, where the applicability of changes in sec 139(4) & 139(5) by Finance Act 2016 is discussed.

Provisions of section 56(2)(x) are prospectively applicable only from 01.04.2017

June 20, 2023 6924 Views 0 comment Print

ITAT Mumbai held that the provisions of Sec. 56(2)(x) of the Act are incorporated in the Finance Act 2017 with the prospective applicability from A.Y.2017-18 and the transactions entered into prior to 1.04.2017 would not suffer any implications of the section.

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