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ITAT Mumbai

Departmental appeal rejected by ITAT as monetary tax amount less than 50 Lakhs

July 19, 2022 2817 Views 0 comment Print

Held that tax effect in the departmental appeal is less than Rs. 50 Lakhs as revised vide circular dated 08/08/2019. Appeal rejected.

Capital gain not payable on partition or family settlement

July 19, 2022 19623 Views 0 comment Print

Partition or family settlement is not transfer. When there is no transfer there is no capital gain and consequently no tax on capital gain is liable to be paid.

Deduction u/s 80IB(10) allowed on the basis of substantial compliance

July 18, 2022 2610 Views 0 comment Print

Held that as the assessee had complied sufficiently the requirement of law as stipulated in section 80IB(10) of the Act and as per the said provision it was bound to complete the building project before 31.03.2012. Deduction u/s 80IB(10) allowed.

Purpose & object remained same after amendment to object clause, cancellation of Trust registration unjustified

July 16, 2022 7647 Views 0 comment Print

Held that even after amendment to the object clause, there is absolutely no change to the purpose and object of the trust. Cancellation of the registration granted u/s 12A unjustified.

ITR and Bank Statements are sufficient to prove creditworthiness under Section 68: ITAT

July 15, 2022 16686 Views 0 comment Print

In present facts of the case, the Hon’ble ITAT held that ITR and bank statements were sufficient to prove the genuinety and for creditworthiness under Section 68 of Income Tax Act.

Discount on issue of ESOP is allowable expenditure u/s 37(1)

July 11, 2022 3390 Views 0 comment Print

ITAT Held that discount on issue of ESOP is allowable as deduction under the head Profits & Gains of Business or Profession.

Provision for expenses is an ascertained liability & eligible for deduction

July 11, 2022 21762 Views 0 comment Print

As per mercantile system of accounting, provision for expenses is an ascertained liability and the same is eligible for deduction while computing total income.

No addition for loss treated as non-genuine if same is not been claimed by Assessee in his computation of Income

July 10, 2022 1146 Views 0 comment Print

Dhaval R Ajmera Vs ITO (ITAT Mumbai) Though the assessee has raised several grounds, the only effective issue involved in the impugned appeal is as to whether the ld. CIT(A) was justified in confirming the disallowance of Rs.7,89,745/- on account of alleged purchase of shares through M/s. Alliance Intermediates and Network Private Limited and alleged […]

Income Tax Appeal not maintainable after declaration of moratorium under IBC

July 10, 2022 2271 Views 0 comment Print

Twinkle Enviro Tech Pvt. Ltd. Vs ITO (ITAT Mumbai) At the outset, we find that assessee’s case has been referred to Hon’ble National Company Law Tribunal (NCLT) for Insolvency Resolution Process and an Interim Resolution Professional (IRP) has been appointed in the assessee company. In view of the order passed by the Hon’ble NCLT, we […]

Sale of Renewable Energy Certificate (Carbon Credit) is capital receipt

July 10, 2022 2733 Views 0 comment Print

Essel Mining & Industries Limited Vs DCIT (ITAT Mumbai) ITAT held that sale of Renewable Energy Certificate (Carbon Credit) of income received by the assessee is a capital receipt and could not be business receipt or income nor it is directly linked with the business of the assessee nor any asset is generated in the […]

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