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ITAT Mumbai

No penalty u/s 271(1)(c) can be imposed when income is estimated

June 7, 2023 1632 Views 0 comment Print

ITAT Mumbai held that it is settled legal position that when income is estimated, then there can be no question of imposing penalty u/s 271(1)(c) of the Act.

Deduction u/s 10AA duly available to interest income earned from FD

June 6, 2023 5292 Views 0 comment Print

ITAT Mumbai held that interest income earned by the assessee on account of surplus funds placed in FD is eligible for deduction under section 10AA of the Income Tax Act.

Disallowance u/s 14A untenable on mechanical application of rule 8D

June 5, 2023 1533 Views 0 comment Print

ITAT Mumbai held that disallowance u/s 14A untenable as AO has mechanically applied rule 8D without having recorded his satisfaction or examining the nature of investments whether they have yielded any exempt income or not.

Bona fide belief of non-deduction of TDS vis-à-vis default u/s 201(1) and 201(1A) needs re-adjudication

June 2, 2023 1713 Views 0 comment Print

ITAT Mumbai remanded the matter for adjudication of bona fide belief of TDS exemption in case of LTC relating to foreign travel vis-à-vis default u/s 201(1) and 201(1A) of the Income Tax Act.

Reopening u/s 147 without recording specific reasons is invalid

June 1, 2023 2034 Views 0 comment Print

ITAT Mumbai held that reopening of assessment u/s 147 without recording any specific reasons and without linking the information received from DDIT(Inv) specifically to assessee is invalid and liable to be set aside.

ITAT deletes penalty – Bonafide mistake in disclosing foreign asset in ITR

June 1, 2023 7047 Views 0 comment Print

The penalty was levied for the non-disclosure of a life insurance policy held outside India in the income tax return. The ITAT ruled that the non-disclosure was a bonafide mistake and that the policy had been surrendered in the previous financial year.

Claim of exempted allowance via rectification of order u/s 143(1)(a) not permissible

May 31, 2023 1623 Views 1 comment Print

ITAT Mumbai held that as no claim of the amount of exempted allowance was made in the return of income, the same cannot be rectified as there was no mistake apparent from record in order passed u/s 143(1)(a) of the Income Tax Act.

Addition u/s 68 unsustainable as no incriminating material found during search

May 31, 2023 1209 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act unsustainable in absence of any incriminating material found during the course of search.

Deduction u/s 80IA eligible to effluent water treatment plant

May 31, 2023 2406 Views 0 comment Print

ITAT Mumbai held that effluent water treatment shall be considered as water treatment plant and accordingly, the same is eligible for deduction under section 80IA of the Income Tax Act.

Case selected for scrutiny on TP risk parameter has to be referred to TPO

May 30, 2023 5532 Views 0 comment Print

ITAT Mumbai held that as per paragraph 3.2 of the Instruction no. 3/2016 dated 10th March 2016, cases selected for scrutiny on a TP risk parameter has to be referred to TPO after obtaining approval from PCIT/ CIT. Non-complying with the instruction renders the order erroneous and prejudicial to the interest of revenue.

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