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ITAT Mumbai

Addition u/s 68 towards unexplained cash credit based on presumptions & conjectures unsustainable

November 30, 2023 3657 Views 0 comment Print

ITAT Mumbai held that addition u/s. 68 of the Income Tax Act towards unexplained cash credit unsustainable as the addition was made by AO on the basis of presumptions and conjectures and without conducting any independent investigation.

Section 50C Addition Cannot be Made by CPC Under Section 143(1)

November 30, 2023 6456 Views 0 comment Print

Prabha Anil Gandhi vs. ADIT (ITAT Mumbai): ITAT rules on CPC’s jurisdiction, Section 50C adjustments, and processing under section 143(1).

Adoption of stamp duty valuation u/s 50C without making reference to DVO unsustainable

November 29, 2023 867 Views 0 comment Print

ITAT Mumbai held that adoption of stamp duty valuation invoking provisions of section 50C of the Income Tax Act without making reference to District Valuation Officer (DVO) unsustainable. Accordingly, matter remanded for de novo proceedings.

Non-striking on irrelevant limb u/s 271(1)(c) vitiates entire penalty proceedings

November 28, 2023 594 Views 0 comment Print

ITAT Mumbai held that as the assessee should be aware of the exact charge for which the penalty proceeding has been initiated, non-striking on the irrelevant limb under section 271(1)(c) of the Income Tax Act vitiates the entire penalty proceedings.

ITAT Mumbai Allows MAT Credit & Carry Forward of Capital Loss in Demerger

November 28, 2023 1119 Views 0 comment Print

ITAT Mumbai order in DCIT vs Brandon & Co. (P) Ltd.: Set-off of carry-forward loss of capital gains in demerger. Analysis and conclusions provided.

Bogus Purchase: ITAT Mumbai restricts profit element of purchases at 4%

November 28, 2023 6567 Views 0 comment Print

Explore the JMD Corporation vs ITO case where ITAT Mumbai restricts profit element of purchases at 4%, examining allegations of bogus purchases for A.Y. 2011-12.

Finance costs having direct nexus with business is allowable as deduction u/s 36(1)(iii)

November 27, 2023 870 Views 0 comment Print

ITAT Mumbai held that the finance costs having direct nexus with the business should be allowed as a deduction under section 36(1)(iii) of the Income Tax Act.

TP adjustment deleted as rates on which power is available via Indian Energy Exchange cannot be applied

November 27, 2023 534 Views 0 comment Print

ITAT Mumbai held that the rates on which power is available through Indian Energy Exchange cannot be applied, because these are not the rates to the consumers but rates to the DISCOMs. Accordingly, transfer pricing adjustment deleted.

Addition towards inadequate reflection of stock unsustainable as assessee is only a commission agent

November 24, 2023 450 Views 0 comment Print

ITAT Mumbai held that addition towards suppression of profit by not reflecting properly the opening and closing stock unsustainable as assessee is only a commission agent and assessee has recorded the transactions to square up the sales and purchases in its Books of Accounts and declared only the commission income as its main source of income.

Provision of technical service outside India and foreign expense on telecommunication not excludible from export turnover for section 10A

November 24, 2023 285 Views 0 comment Print

ITAT Mumbai held that expenditure incurred on foreign currency on telecommunication charges and provision of technical services outside of India should not be excluded from export turnover for the purpose of computing u/s 10A of the Income Tax Act.

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