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ITAT Mumbai

Form 10–IC filing Mandatory to Claim Reduced Corporate Tax Rate benefit

December 25, 2022 3918 Views 1 comment Print

Assessee did not file Form 10-IC before due date of filing return of income, i.e. 15/02/2021, which is mandatory condition for claiming option available under section 115BAA of Income Tax Act.

Reopening of assessment without valid reason is bad in law

December 24, 2022 1710 Views 0 comment Print

ITAT Mumbai held that reopening of assessment without valid reason or intangible material, merely on the basis of information from Electricity Authroity, is not sustainable in the eye of law.

Penalty u/s 271(1)(c) unsustainable in absence of concealment of income or furnishing of inaccurate particulars

December 24, 2022 4470 Views 0 comment Print

ITAT Mumbai held that estimated rate of profit applied on the alleged non-genuine purchases doesnt amount to concealment of income or furnishing inaccurate particulars. Accordingly, penalty u/s 271(1)(c) of the Income Tax Act unsustainable.

Sales tax subsidy is capital receipt and not part of book profit u/s 115JB

December 23, 2022 2358 Views 0 comment Print

ITAT Mumbai held that sales tax subsidy received by the assessee is capital receipt and does not come within definition of income under section 2(24) of the Income Tax Act, 1961 and when, a receipt is not a in the nature of income, it cannot form part of book profit u/s 115JB of the Income Tax Act, 1961.

Addition towards unexplained cash credit u/s 68 unsustainable as identity, creditworthiness and genuineness proved

December 23, 2022 1479 Views 0 comment Print

ITAT Mumbai held that assessee has duly discharged identity, creditworthiness and genuineness of the transactions of receipt of share premium of Rs. 2.25 crore received from 19 share subscribers and hence addition towards unexplained cash credit u/s 68 is unsustainable.

Depreciation and maintenance of sports car allowable as used for business purpose

December 23, 2022 2700 Views 0 comment Print

ITAT Mumbai held that action of AO in disallowing 50% of the depreciation and maintenance charges on the sports car is unsustainable as sports car was owned and used for the purpose of business and AO failed to establish that the sports car was not used fully for the purpose of business.

Interest income to co-operative society from investment with co-operative bank is eligible for deduction u/s 80P(2)(d)

December 23, 2022 6600 Views 0 comment Print

ITAT Mumbai held that the interest income earned by a cooperative society on its investments held with a cooperative bank would be eligible for claim of deduction under Sec.80P(2)(d) of the Income Tax Act.

Inland Haulage Charges covered under Article 9 of India-France Tax Treaty hence not taxable

December 23, 2022 1908 Views 0 comment Print

ITAT Mumbai held that Inland Haulage Charges forms part of income from operation of ships in international traffic and hence covered under Article-9 of India-France Tax Treaty is not taxable in India.

Interest earned by co-operative society out of investment with co-operative bank is deductible u/s 80P(2)(d)

December 23, 2022 2793 Views 0 comment Print

ITAT Mumbai held that interest income earned by co-operative society on its investment held with the co-operative bank would be eligible for claim of deduction under section 80P(2)(d) of the Income Tax Act.

Industrial promotion subsidy is capital receipt not chargeable to tax

December 22, 2022 3888 Views 0 comment Print

ITAT Mumbai held that Industrial Promotion Subsidy received under Package Incentive Scheme 2007 declared by the Government of Maharashtra is capital receipt and hence not taxable.

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