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ITAT Mumbai

Failure to upload Tax Audit Report due to demise of Auditor is a reasonable cause

November 6, 2022 1374 Views 0 comment Print

Abha Rajesh Kapoor Vs PCIT (ITAT Mumbai) We find that the issue-in-dispute is whether there was any reasonable cause for failure on the part of the assessee in uploading the Tax Audit Report on the Income-tax portal. In terms of section 44AB, the assessee was required to audit and upload audit report along with return […]

Section 263 Revisional order not valid if passed without pointing out any inaccuracy in claim of assessee

November 6, 2022 495 Views 0 comment Print

Bank of Baroda (w.r.t E-Dena Bank) Vs PCIT (ITAT Mumbai) Pr.CIT held that the order passed by the A.O u/s 143(3) of the Act as erroneous as well as prejudicial to the interest of the revenue on the grounds that A.O has not verified the claim of deduction of the assessee pertaining to amortization of […]

ITAT can grant stay only if assessee pays or furnishes security of 20 % of tax in dispute

November 6, 2022 2343 Views 0 comment Print

Tribunal can only grant a stay subject to a deposit of not less than 20% of disputed demand, or furnishing of security thereof, it cannot be open to us to grant a stay in violation of these basic statutory provisions.

Mere book entries cannot change ownership of the property

November 5, 2022 1713 Views 0 comment Print

ITAT Mumbai held that property sold in individual capacity cannot be claimed to be owned by the partnership firm simply by way of making entries in the books of accounts of the partnership firm. Accordingly, Capital gain on sale of property taxable in hands of individual.

Loss under Options Maxima Scheme claimed by agent is not allowable

November 5, 2022 555 Views 0 comment Print

ITAT Mumbai held that loss of clients incurred under Options Maxima Scheme claimed by the assessee (being an agent) in its return is not allowable.

TDS Liability is not attracted on Discount given to Distributors of Sim Cards: ITAT

November 2, 2022 1584 Views 0 comment Print

ITAT held that the sale of SIM cards/recharge coupons at discounted rate to the distributors was not commission and therefore not liable to deduct the TDS under Section 194H.

Exemption u/s 10AA available on goods re-exported by approved SEZ unit

November 2, 2022 2070 Views 0 comment Print

ITAT Mumbai held that exemption u/s 10AA of the Income Tax Act available in case imported goods are re-exported by a unit duly approved by development commissioner of concerned SEZ.

Levy of late fees u/s 234 prior to 1st June 2015 is unsustainable

November 1, 2022 3618 Views 0 comment Print

ITAT Mumbai held that levy of late filing fees u/s 234 of the Income Tax Act for any period prior to 01/06/2015 would not be sustainable in the eyes of law.

Addition u/s 68 of the Income Tax Act based on generalized external information unsustainable

November 1, 2022 1797 Views 0 comment Print

ITAT Mumbai held that addition of capital gain as unexplained cash credit u/s 68 of the Income Tax Act is unsustainable on the basis of generalized external information as it cannot be considered as incriminating material found during the course of search.

ITAT upheld Section 68 addition for purchase from creditors of unknown location & who are not paid  

October 28, 2022 7011 Views 1 comment Print

ITO Vs Solid Machinery Co Pvt Ltd  (ITAT Mumbai) It was noticed that the assessee has made purchases of textile items, i.e. fabrics, worth Rs 19,22,05,946 from a large number of entities, and sold all these goods to three entities- namely Global Softech Limited, Ravi Raj Industries, and Tayal Energy Limited, for amounts aggregating to […]

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