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ITAT Mumbai

Section 234C interest not applies to shortfall in advance tax payment on windfall gain/unexpected income

September 27, 2022 4680 Views 0 comment Print

Hamilton Industries Pvt. Ltd. Vs ITO (ITAT Mumbai) Whether Commissioner of Income Tax (A) erred in conferring the interest of Rs.12,31,304/- under section 234C of the Income tax Act, 1961 without appreciating that the book profit includes capital gain income which arose in 4h quarter therefore the liability to pay advance tax arise only on […]

Compensation Received would be Capital in nature if Cost of Project gone down

September 25, 2022 1479 Views 0 comment Print

Compensation so received by the assessee company would only go to reduce the cost of project as it is effectively meant to cover up for the expenses and investments incurred by the assessee for the said project. Hence, the receipt of compensation would be capital in nature and would go to reduce the cost of project.

Section 23(5) taxing Unsold Flats of Real Estate Business Applicable from A.Y. 2018-19

September 22, 2022 8982 Views 0 comment Print

Section 23(5) of Income Tax Act (Notional Rent Tax on Real Estate unsold flats) introduced from 01/04/2018 and would be applicable only from A.Y.2018-19 onwards.

Interest withdrawal under section 244A(2) is outside the scope of section 154

September 22, 2022 1719 Views 0 comment Print

Otis Elevator Company (India) Limited Vs DCIT (ITAT Mumbai) ITAT held that given the limited scope of section 154 for rectification of mistakes apparent on record and given the fact that the period to be excluded for grant of interest has not yet been taken a call on by the PCCIT/CCIT/PCIT or the CIT, the […]

Loss from penny stock cannot be disallowed if no manipulative activities

September 22, 2022 1977 Views 0 comment Print

ITAT held that addition of loss from traded in penny stock not justified if no information about engagement of assessee in manipulative activities and details of purchase/sales of shares submitted by him was not doubted.

Section 80P deduction eligible on Interest received by Co-Op society from Co-Op bank

September 22, 2022 18420 Views 0 comment Print

Interest income earned by assessee on its investments with a co-operative bank would be eligible for claim of deduction under Sec. 80P(2)(d) of Act.

Write-off of Advances after closure of books not allowable

September 21, 2022 1017 Views 0 comment Print

Maharashtra Film Stage and Cultural Development Corporation Ltd. Vs ACIT (ITAT Mumbai) The assessee had written off the bad debt as per the Board Resolution dt.5.6.2009 after the closing of books of accounts. The Assessing Officer had disallowed the claim on the ground that books of accounts were closed on 31.3.2009 whereas bad debts were […]

No addition u/s 41(1) in absence of Evidence of Remission or Cessation of Liability

September 21, 2022 741 Views 0 comment Print

Unless, there is an evidence of remission or cessation of liability, provisions of Section 41(1) of the Act does not apply.

Capital gain cannot be taxed till property gets actually transferred as per agreement

September 21, 2022 3615 Views 0 comment Print

Held that as per agreement, the assessee will hand over physical possession of the property only after the purchaser obtains Intimation of Disapproval. Hence, till the property is not transferred as per the terms of agreement, capital gain on the same cannot be taxed.

Section 69A Addition unsustainable as cash withdrawn was more than deposits due to demonetization

September 13, 2022 4698 Views 0 comment Print

Held that cash withdrawn by the assessee from the bank was much more than the amount deposited due to demonetization. Further, there is no findings by the authorities that this cash available with the assessee was invested or utilised for any other purpose. Hence, addition u/s 69A unsustainable

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