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ITAT Mumbai

Capital gain exemption u/s 54 not deniable as investment made within time limit specified u/s 139(4)

January 17, 2023 4635 Views 0 comment Print

ITAT Mumbai held that capital gain exemption under section 54 of the Income Tax Act cannot be denied as investment was made within the time limit specified under section 139(4) of the Income Tax Act.

Part of manufacturing by outside agency cannot be reason for disallowance of deduction u/s 80IB

January 16, 2023 1302 Views 0 comment Print

ITAT Mumbai held that disallowance of deduction under section 80IB of the Income Tax Act merely because part of manufacturing activities are being done from outside the unit is unsustainable in law.

Purchase of distribution rights of film is capital asset hence loss allowable as STCG

January 16, 2023 1602 Views 0 comment Print

ITAT Mumbai held that investment made for purchase of distribution rights of the film is for the purchase of capital asset and hence loss incurred on the same allowable as ‘short term capital loss’.

Requirement of filing Form 67 is directory in nature

January 16, 2023 1959 Views 1 comment Print

ITAT held that requirement of filing Form 67 is directory in nature which is evident from the fact that Rule 128(9) does not contemplate disallowance of FTC in case of delay in complying with such condition.

No Addition for Cash Deposit during Demonization out of balance before Demonization

January 15, 2023 2223 Views 0 comment Print

Shail Jayesh Shah Vs ITO (ITAT Mumbai) From the copy of the bank statement of Kotak Mahindra Bank, we find that assessee had deposited Rs.6 lakh in cash in 600 old currency notes of Rs. 1000 denomination on 01/12/2016. At a glance, it may appear that since the assessee had sufficient cash in hand amounting […]

Addition u/s 69 based on tally data having various discrepancy is unsustainable

January 13, 2023 2970 Views 0 comment Print

ITAT Mumbai held that addition under section 69 of the Income Tax Act based on tally data having various inherent discrepancy is unsustainable as AO failed to verify or ask the assessee to reconcile the same from actual books of accounts or physical stocks.

Receipt from domain name registration not fall in category of royalty & hence not taxable

January 13, 2023 1719 Views 0 comment Print

ITAT Mumbai held that in absence of rights in the domain name, receipt from domain name registration doesn’t fall in the category of royalty as defined under Article 12(3) of India-UAE DTAA.

Addition in hands of employee unsustainable as cash was handled on behalf of employer

January 13, 2023 1014 Views 0 comment Print

ITAT Mumbai held that addition with regard to unexplained payment unsustainable in the hands of the employee as employee merely handled the cash on behalf of the employer.

Order sent on old address without any effort from AO to send on correct address is barred by limitation 

January 12, 2023 1440 Views 0 comment Print

DSV Solutions Pvt Ltd Vs DCIT (ITAT Mumbai) There was no forwarding, not even an effort to forward, the draft assessment order to the correct address, or at least the address furnished to the Assessing Officer under proviso to rule 127(2), within the permitted time frame under Section 153 r.w.s 144C of the Income Tax […]

ITAT deletes Section 272A(2)(k) penalty for delay in filing TDS statement due to lack of Professional assistance

January 12, 2023 7437 Views 0 comment Print

Assessee explained that delay in filing TDS return is due to his negligence, non-awareness of importance of filing TDS return & lack of Professional assistance

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