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ITAT Mumbai

ITAT upheld disallowance at the rate of 12.5% of bogus purchases

September 10, 2022 3645 Views 0 comment Print

Opel paper Mills Limited Vs DCIT (ITAT Mumbai) The learned CIT appeal noted that the major items of the expenditure is a purchase of paper from the sister company specialty papers Ltd amounting to ₹ 888,827,942/–. These transactions were doubted by the learned assessing officer during the remand proceedings as the purchases are transacted only […]

ITAT condones Delay of 163 days as Section 143(1) Intimation received late

September 5, 2022 723 Views 0 comment Print

ITAT held that the assessee has not wilfully delayed the filing of appeal and we find that there is no negligence on the part of the assessee, as the assessee has filed appeal manually in time.

Regular books of accounts maintained in tally not constitute incriminating material  

September 2, 2022 2475 Views 0 comment Print

Regular books of accounts maintained by assessee in tally software, now being referred by Revenue, to justify impugned addition did not constitute incriminating material unearthed during search.

Contribution received from members towards infrastructure facilities should be treated as a capital receipt

September 2, 2022 1101 Views 0 comment Print

Contribution received from the members towards infrastructure facilities should be treated as a capital receipt as these contributions were received for a specific purpose.

Section 115JB doesn’t apply to foreign company

August 30, 2022 2706 Views 0 comment Print

Held that accounts of foreign company are not prepared as per companies act and are not laid in Annual General Meeting before the shareholders of the company. Hence, provisions of section 115JB of the Income Tax Act cannot be made applicable to a foreign company.

Section 54 Capital gain exemption cannot be denied for claim under section 54F & non-filing of revised return

August 30, 2022 6282 Views 0 comment Print

Section 54 Capital gain exemption cannot be denied for claim under section 54F & non-filing of revised Income Tax return

TDS Credit denial for Mismatch in Form 26AS & 16A is Insensitive & injudicious

August 29, 2022 3174 Views 0 comment Print

Disallowance of TDS credit for Mismatch in Form 26AS & Form 16A is Insensitive & injudicious & violates CBDT equity and citizen charter

Section 143(1) adjustment based on mere Tax Audit report vitiated in law

August 29, 2022 6885 Views 1 comment Print

No disallowance forzdelay in payment of employees’ contribution for provident fund, based on mere Tax Audit Report

Late Filing of Audit Report not disentitle Trust from availing Section 11 benefit

August 28, 2022 7284 Views 0 comment Print

Non-filing of Audit Report in Form 10B along with Return of Income is merely a procedural defect which is rectifiable. If the Audit Report was available with the assessee at the time of filing of Return of Income and was not filed due to bonafide reasons the benefit of exemption under section 11 cannot be denied if otherwise assessee is eligible to claim the same.

ITAT allows Exemption on pharmacy income of Charitable hospital

August 27, 2022 2307 Views 0 comment Print

Activity of Chemist / Pharmacy is incidental or ancillary to dominant object or purpose for running a hospital & Tax Exemption allowable.

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