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ITAT Mumbai

Shares, being tangible assets, depreciation not allowable u/s 32(1)(ii)

June 29, 2022 2514 Views 0 comment Print

Shares are financial assets classified as tangible assets because they derive value from contractual claims. Hence, the same is not depreciable u/s 32 (1) (ii) of The Act.

No section 271(1)(b) Penalty if assessment completed under section 143(3)

June 28, 2022 2517 Views 0 comment Print

Explore the ITAT Mumbai decision in Swati Jignesh Jain vs. ITO regarding the imposition of penalty u/s. 271(1)(b). Learn how the AO deemed condonation of the assessee absence influenced the verdict.

Section 263 jurisdiction cannot be exercised for substituting other possible view

June 28, 2022 531 Views 0 comment Print

Explore the case of Mahesh Arvind Tilve vs. PCIT (ITAT Mumbai) where the validity of the assessment is questioned. Assess the jurisdictional challenges and the significance of cash transactions.

No Section 271AAB Penalty if Search Proceedings were not initiated on assessee

June 28, 2022 675 Views 0 comment Print

Explore the ITAT Mumbai decision in Ramavatar Mandavewala vs. JT.CIT regarding the applicability of penalty under Section 271AAB for undisclosed cash. Detailed analysis and conclusion.

When sales are not in doubt, then 100% disallowance for bogus purchases cannot be made

June 28, 2022 1650 Views 0 comment Print

ITAT ruled that when sales are not in doubt, then 100% disallowance for bogus purchases cannot be made and relied on Hon’ble jurisdictional High Court in Nikunj Eximp Enterprises Pvt Ltd 372 ITR 619 (Bom) and Principal Commissioner of Income-tax vs M. Haji Adam & Co Income Tax Appeal No.1004 of 2016 dated 11/2/2019.

Disallowance of foreign exchange loss on buyer’s credit- ITAT remanded matter back to AO

June 28, 2022 654 Views 0 comment Print

Explore the detailed analysis of K. Uttamlal & Company vs ACIT case regarding disallowance of foreign exchange loss on buyer credit. Learn the legal perspective and the final verdict.

Disallowance u/s 36(1)(va) deleted in absence of adequate intimation

June 28, 2022 1728 Views 0 comment Print

Disallowance on delay in payment toward employee’s contribution to PF u/s 36(1)(va) via u/s 143(1) deleted in absence of adequate intimation to the assessee.

Carry forward of capital loss, claimed via return filed u/s 153A, is unsustainable

June 28, 2022 951 Views 0 comment Print

Short term capital loss not claimed while filing return u/s 139(1). Loss was claimed for the first time via return u/s 153A. Claim denied according to provisions of section 80.

Amount paid in excess of tangible asset value is goodwill which is eligible for depreciation

June 28, 2022 1317 Views 0 comment Print

Held that consideration paid by the assessee in excess of its value of tangible assets was rightly classified as goodwill the same is eligible for depreciation

In case of parallel proceedings IBC, 2016 overrides Income-tax Act, 1961

June 28, 2022 768 Views 0 comment Print

Pratibha Industries Limited Vs DCIT (ITAT Mumbai)  ITAT held that in case of parallel proceedings under Income-tax Act, 1961 and IBC, 2016, the IBC has an overriding effect over the provisions of the Income-tax Act which has been decided by Hon’ble Apex Court in Principal Commissioner of Income-tax Vs Monnet Ispat & Energy Ltd in […]

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