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ITAT Mumbai

Non-compete fee taxable under business income

January 4, 2023 6687 Views 0 comment Print

ITAT Mumbai held that the amount of non-compete fee is taxable under section 28(va) of the Income Tax Act under the head ‘Income from Business & Profession’.

ITAT upheld disallowance of expenditure not proved/supported by relevant bills

January 4, 2023 1536 Views 0 comment Print

Print Plus Private Limited Vs ITO (ITAT Mumbai) Brief facts is that the AO noticed from perusal of Tax Audit Report that the appellant/assessee had paid remuneration to directors amounting to Rs. 23,26,200/-. However, it was noticed that an amount of Rs.36,00,600/- was debited to Profit & Loss account instead of Rs. 23,26,200/-. On a […]

Deemed Dividend – ITAT allows appellant to submit additional evidences before AO

January 3, 2023 813 Views 0 comment Print

Sanjay Subhashchand Gupta Vs DCIT (ITAT Mumbai) Assessee contended that the impugned amounts were taken for the purpose of business activities of the company and the advance of Rs.14,44,730/- from M/s. Rustogi Logistic Pvt. Ltd. and Rs.3,35,38,660/- from M/s. Rustogi Projects Private Limited and the same was received as business advances. The ld. AR further […]

No penalty on addition based on estimated rate of profit applied on turnover

January 3, 2023 1839 Views 0 comment Print

ITO Vs Pritesh Mafatlal Shah (ITAT Mumbai) Hon’ble Delhi High Court in the case of CIT Aero Traders Pvt. Ltd., [322 ITR 316] wherein the Hon’ble High Court affirmed the order of the Tribunal in holding that estimated rate of profit applied on the turnover of the assessee does not amount to concealment or furnishing […]

Interest on funds borrowed for business project is allowable u/s 36(1)(iii)

January 3, 2023 1686 Views 0 comment Print

ITAT Mumbai held that the interest paid on such borrowing is allowable under section 36(1)(iii) of the Income Tax Act as the funds were borrowed for the purpose of construction project.

Deduction u/s 24 available for interest on loan of leased part of building

January 2, 2023 1143 Views 0 comment Print

ITAT Mumbai held that interest on loan in respect of leased portion of the building is eligible for deduction u/s 24 of the Income Tax Act and accordingly cannot be allowed as work-in-progress.

Interest on income tax refund taxable under Article 11(2) of India- Malaysia DTAA

January 2, 2023 1389 Views 0 comment Print

Assessing Officer is directed to tax interest on income tax refund under Article 11(2) of India- Malaysia DTAA and not as Business Income

ITAT allows section 10A Deduction on Income From Design Charges

January 2, 2023 657 Views 0 comment Print

Appellant has been able to establish that income by way of Design Charges are in the nature of business income as the same are inherently connected with the business of export of jewellery undertaken by Unit-II of the Appellant, and therefore, the same must be included in business income for the purpose of computing deduction under Section 10A of the Act.

Section 11 exemption cannot be denied merely for delay in furnishing of Form 10B

January 1, 2023 9678 Views 0 comment Print

Exemption otherwise available to the assessee trust under section 11 cannot be denied merely on account of delay in furnishing of audit report in form 10B as required under section 12A(b) of the Act.

Section 80P deduction not allowed if Income Tax Return Filed after Due Date wef AY 2018-19

January 1, 2023 17916 Views 1 comment Print

Janki Vaishali Co-operative Housing Society Limited Vs CIT (Appeals)  (ITAT Mumbai) Undisputedly, assessee filed return of income on 24/12/2018 i.e. beyond the due date for filing return of income u/s. 139(1) of the Act for the Assessment Year 2018­19. The solitary reason for denying benefit of deduction u/s 80P of the Act is that the […]

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