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ITAT Mumbai

No Section 271(1)(b) penalty where assessment is completed u/s 143(3)

June 27, 2022 774 Views 0 comment Print

Explore the case of Salasar Derivatives Pvt. Ltd. against ITO, focusing on the justification of penalty under section 271(1)(b) of the Income Tax Act. Detailed analysis and conclusion.

Reassessment based on re-appreciation of facts already available on record is invalid

June 27, 2022 711 Views 0 comment Print

ITAT Mumbai sets aside reassessment in Bombay Real Estate Development Co. case, emphasizing absence of new material. Key analysis and implications discussed.

Sham Transaction cannot be alleged if other party is a statutory body

June 25, 2022 1773 Views 0 comment Print

ITAT held that it is not a sham and bogus transaction. One of the grounds considered for recording that finding is that when the other party is a statutory body the question of evasion of tax does not arise

Subsidy as octroi duty refund to promote industrialization is a capital receipt

June 25, 2022 1053 Views 0 comment Print

The assessee has received incentive in the form of Octroi refund under Govt. of Maharashtra Package Scheme of Incentives, 2007. We find that the Coordinate Bench of the Tribunal in the case of ACIT Vs. M/s. Universal Construction Machinery and Equipments Ltd. in an identical set of facts has held subsidy received by the assessee under Package Scheme of Incentives, 2007 as capital in nature.

Section 40A(3) Disallowance via Section 143(1) intimation is untenable

June 25, 2022 4113 Views 0 comment Print

Disallowance u/s 40A(3) would not fall within the ambit of a prima facie error or arithmetical error warranting adjustment in terms of Section 143(1) of the Act unsustainable.

Addition u/s 68 confirmed as amount credited in books lack genuineness

June 25, 2022 2340 Views 0 comment Print

The assessee was used as a conduit company along with other companies to violate the provisions of minimum public shareholding criteria under SEBI Laws. Accordingly, addition confirmed as the amounts credited in the books of accounts of assessee lack genuineness.

Addition only on the basis of retracted statement is unsustainable

June 24, 2022 1806 Views 0 comment Print

The Hon’ble Madras High Court in the case of M. Narayan N. Boos. Vs. ACIT, Circle (339 ITR 192) held that addition made by the A.O merely on the basis of retracted statement u/s 132(4) could not be sustained in the absence of any evidence material or recovery of any movable or immovable assets at the time of search to corroborate the disclosure made by the assessee.

ITAT remanded back penalty proceedings to AO for denovo adjudication as quantum was also referred back to him

June 24, 2022 1383 Views 0 comment Print

Explore the ITAT Mumbai decision in Abacus International Pte Ltd. vs. DDIT, where notional interest income on interest-free loans was assessed and its impact on penalty u/s. 271(1)(c).

Section 68 addition justified if creditors absconding & could not be produced before AO

June 24, 2022 783 Views 0 comment Print

Explore the case of ITO vs. Shreeji Multitrade Pvt. Ltd. (ITAT Mumbai) involving unexplained cash credits. Detailed analysis of scrutiny, appeals, and the burden of proof in section 68 of the Income Tax Act.

Section 68 addition not allowed if Source of Fund Not Doubted by AO

June 24, 2022 1746 Views 0 comment Print

Explore ITAT Mumbai decision in ITO vs. Gama Entertainment Systems Pvt. Ltd. Understanding Section 68 implications on share premium. Full analysis and conclusion.

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