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ITAT Mumbai

Section 143(2) notice is to be issued by AO who completes assessment before due date  

March 29, 2023 1203 Views 0 comment Print

Divya Raghavan Vijayan Vs ACIT (ITAT Mumbai) even though in the order sheet it is written by the ACIT Circle-3 Kalyan that he had issued the 143(2) notice on Aug 30th 2015, but in the same file, I find that the Chief Commissioner has transferred the jurisdiction of assessee’s case from ITO ward-33, Thane to […]

One appeal cannot be filed against two reassessment orders for same assessment year-

March 29, 2023 1932 Views 0 comment Print

ACIT Vs Ajit Anantrao Pawar (ITAT Mumbai)  The facts stated hereinabove by the ld. AR are not in dispute with regard to framing of two independent section 153C assessments for each assessment year. It is not in dispute that six independent appeals were filed by the assessee before the ld CIT(A) and accordingly, numbered thereon […]

No addition/ disallowance u/s 153C without incriminating material found during third person search

March 25, 2023 3387 Views 0 comment Print

ITAT Mumbai held that no additions or disallowances can be made u/s. 153C of the Income Tax Act in absence of any incriminating material found during the search on a third person.

Income earned from offshore supply not taxable in India as none of operation is carried out in India

March 24, 2023 2271 Views 0 comment Print

ITAT Mumbai held that income earned from offshore supply of escalators and elevators is not taxable in India as assesse didn’t carried out any operations in India.

Property from ‘Will’ eligible for cost indexation from first owner’s acquisition date

March 23, 2023 4536 Views 0 comment Print

Mumbai ITAT holds that while computing capital gains arising on transfer of a capital asset received by the Assessee under a will, the indexed cost of acquisition has to be computed with respect to the year in which the first owner held the asset

Cash deposited in account of Assesee already taxed in the hands of his employer – No addition in the account of Employee

March 20, 2023 2127 Views 0 comment Print

Vikas Sharma Vs ITO (ITAT Mumbai) ITAT held that if the cash deposited in assessee’s bank account has already been taxed in the hands of M/s. Kareem’s Hospitality Pvt. Ltd (employer of assessee) or in the hands of the director of the assessee company Mr. Kareem Dhanani then no addition is warranted in the hands […]

ITAT allows Depreciation on Car against Income of Hired Cars

March 20, 2023 5064 Views 0 comment Print

Transindia Freight Services Pvt. Ltd Vs DCIT (ITAT Mumbai) ITAT held that going by the principle of consistency in the stand taken by the Revenue in earlier as well as subsequent assessment years in scrutiny assessment proceedings, we hold that the income received from car rental of Rs.6,00,000/- is to be assessed as “income from […]

Order passed in variation of procedures prescribed u/s 144B is non-est and bad-in-law

March 20, 2023 10371 Views 0 comment Print

ITAT Mumbai held that the assessment order passed in variation of the procedures prescribed u/s. 144B of the Income Tax Act would render the assessment order as non est.

‘Marked to market loss’ not being notional loss is allowable expenditure

March 20, 2023 3312 Views 0 comment Print

ITAT Mumbai held that that the ‘marked to market loss’ is not a notional loss and is, therefore, allowable expenditure.

Current profit not to be included in accumulated profit to determine deemed dividend

March 20, 2023 1587 Views 0 comment Print

ITAT Mumbai held that while determining the amount of deemed dividend under Explanation 2 to Section 2(22)(e) of the Income Tax Act, the current profit is not to be included to be part of accumulated profit.

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