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ITAT Mumbai

In absence of documentary evidence addition for jewellery claimed as gift allowed

June 24, 2022 1767 Views 0 comment Print

ITAT find that jewelry has been found during the course of search from the possession of the assessee. The jewellery was inventorised. The claim of the assessee that this has been received as a gift from relatives and friends is not at all substantiated but merely remained a claim. In view of this we do not find any infirmity in the orders of the learned lower authorities in confirming the addition of Rs. 1,867,098/– u/s 69B of the act after granting benefit of 500 g of gold jewellery to the assessee in terms of CBDT instruction number 1916.

Section 80IB Deduction allowed on Sale of Scrap Generated during Manufacturing

June 24, 2022 792 Views 0 comment Print

ITAT held that deduction under Section 80IB of Income Tax Act, 1961 allowable on scrap  generated during the manufacturing process.

In mercantile system, liability arisen in the year is allowable even if paid later

June 23, 2022 840 Views 0 comment Print

As assessee is following mercantile system of accounting, liability which has arisen during the year under consideration is allowable even though the same may have to be discharged at a future date.

No royalty on payment for hardware supplied with software forming inseparable part

June 23, 2022 1143 Views 0 comment Print

Payment received by the taxpayer towards GSM system of which software was an inseparable part, which is incapable of independent use, could not be classified as payment towards Royalty

In absence of major infirmity or irregularity expenses cannot be doubted

June 23, 2022 504 Views 0 comment Print

It is not possible to show the veracity of many expenses, because such expenses are running, on continuous basis for each and every trip. He further held that unless any major infirmity or irregularity can be found and proved, expenses cannot be doubted.

Settlement under Vivad Se Vishwas Scheme is possible for only one proceeding

June 22, 2022 1464 Views 0 comment Print

CBDT Circular no. 9/2020 dated 22/04/2020, question no. 19, clearly enables the assessee to avail Vivad Se Vishwas Scheme to avail VSV only for one proceeding , even when two parallel proceedings were pending before appellate forums.

Interest u/s 244A is receivable up to the date of issue of refund cheque

June 22, 2022 6192 Views 0 comment Print

Interest on refund amount, under section 244A of the Act, is receivable up to the date of issue of refund cheque.

After approval of winding up proceedings, Appeal not-maintainable if liquidator not amends Form No. 36A

June 22, 2022 549 Views 0 comment Print

Osian’s Connoisseurs of Art Pvt. Ltd Vs DCIT (ITAT Mumbai) ITAT held that once interim resolution professional has been appointed by the NCLT, then earlier Ld. counsel authorized by the Management of the Company has no authority to represent the case and therefore adjournment sought on his behalf was accordingly rejected. The Tribunal in ITA […]

No section 271(1)(c) penalty for mere wrong claim of TDS

June 22, 2022 981 Views 0 comment Print

The only fault of the assessee was of claiming Tax deducted at source wrongly. The learned Assessing Officer should have refused the credit of such TDS but should not have taxed interest income in the hands of the assessee. Therefore, even on the merits the penalty under section 271(1)(c) of the Act cannot be levied.

Late deposit of employees’ contribution of PF deposited before due date of filing ITR allowable

June 22, 2022 1449 Views 0 comment Print

Global Waste Management Cell Pvt. Ltd. Vs Centralised Processing Centre (ITAT Mumbai) The facts in the present case shows that form number 3CD where the statement of particulars required to be furnished u/s 44AB of the income tax act 1961 are prepared by the assessee and is not an audit report. Form number 3CA is […]

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