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ITAT Mumbai

Dividend Income for F.Y.2019-20 exempt under section10(34) of Income Tax Act

October 28, 2022 3057 Views 0 comment Print

Manmohan Textiles Limited Vs National Faceless Appeal Centre (ITAT Mumbai) Provisions of Section 10(34) of the Act which stood amended by the Finance Act, 2020 and is applicable from A.Y.2021-22 onwards. For the sake of convenience, the amended provisions of Section 10(34) of the Act are reproduced hereunder:- “[(34) any income by way of dividends […]

Freight from transportation of cargo via feeder vessels covered under India-France Tax Treaty not taxable

October 25, 2022 858 Views 0 comment Print

ITAT Mumbai held that freight charges received from transportation of cargo through feeder vessels being part of shipping income in International Traffic is covered under Article–9(1) of the India–France Tax Treaty and hence not taxable in India.

Addition for Bogus Purchases on mere Presumption without any supporting material not valid

October 25, 2022 2745 Views 0 comment Print

Euro Diamonds Pvt. Ltd. Vs ITO (ITAT Mumbai) We noticed that the assessing officer has made the impugned addition on the basis of generalised information given by investigation wing that M/s Bhanwarlal Jain group is engaged in the business of providing accommodation sales bills without actually supplying the goods. There is no material on record […]

AO justified in treating capital Gain as Income from other sources as no information furnished by Assessee

October 25, 2022 1107 Views 0 comment Print

Vishnunarayan R. Modani Vs CIT (A) (ITAT Mumbai) Assessee has not furnished any material to show that the share transactions entered by him are genuine transactions. Accordingly, I am of the view that the Assessing Officer was justified in treating the capital gain of Rs.136,812/- and Rs.150,575/- as income under the head ‘income from other […]

ITAT deletes addition for LTCG on Penny stock as interim order of SEBI was revoked

October 24, 2022 2916 Views 0 comment Print

Sunita Chaudhry Vs ITO (ITAT Mumbai) We find that SEBI vide interim order dated 19/12/2014 and 11/08/2015, inter-alia, restrained 154 entities, including the assessee, from accessing the securities market and buying, selling or dealing in securities, either directly or indirectly, in any manner, till further directions, pending investigation in the script of in case of […]

Registration Date irrelevant for Sec 56(2)(vii)(b) as substantial obligation discharged on agreement date 

October 21, 2022 3603 Views 0 comment Print

Mere registration at later date would not cover a transaction already executed in the earlier years and substantial obligations have already been discharged and a substantive right has accrued to the assessee therefrom.

AO cannot mechanically apply provisions of section 56(2) to difference in value

October 21, 2022 5373 Views 0 comment Print

Mohd. Ilyas Ansari Vs ITO (ITAT Mumbai) Assessing Officer mechanically applied provisions of section 56(2) to difference between stamp duty value and actual sale consideration paid by assessee and made additions, without making any efforts to find out actual cost of property, additions made by Assessing Officer were to be set aside. In this case […]

Activities of society for benefit of general public is eligible for Section 11 deduction

October 21, 2022 921 Views 0 comment Print

ITAT Mumbai held that activities of the appellant-society directed towards the benefit of investors and potential investors forming part of the general public which are note limited to the benefit of its members is eligible for deduction u/s 11 of the Income Tax Act, 1961

Section 56 -Stamp duty value on agreement date is to be considered and not value on registration date

October 19, 2022 8658 Views 0 comment Print

Sajjanraj Mehta Vs ITO (ITAT Mumbai) During the appellate proceedings, the appellant vide letter dated 03/04/2018 submitted that the AO has made addition ignoring the 1st and 2nd proviso to section 56(2)(vii)(b) inserted by Finance Act, 2013 w.e.f. 01.04.2014. The appellant was allotted flat no. 502 in the building Kamla Astral, Dadar for a total […]

PCIT cannot grant conditional section 12A Registration

October 17, 2022 1164 Views 0 comment Print

Role of PCIT while according registration under section 12A is only to make himself satisfied about genuineness of activities to be carried out by assessee trust and compliance of such requirement of any other law for the time being in force by trust or institution material to achieve its object and then to accord registration.

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