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ITAT Mumbai

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

June 22, 2022 1479 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 […]

Section 263 jurisdiction not invocable if order passed by AO not prejudicial to interest of revenue

June 22, 2022 762 Views 0 comment Print

For invoking jurisdiction u/s 263 of income tax act, the assessment order passed by assessing officer should be erroneous so far as prejudicial to interest of revenue.

Addition untenable as interest-bearing funds not used for advancing interest-free funds

June 21, 2022 1008 Views 0 comment Print

Additions under section 36(1)(iii) of the Act, without bringing anything on record to suggest that interest-bearing funds were actually utilised for the purpose of advancing funds on which no interest was charged by the assessee, is unsustainable in law.

Referral commission paid to doctors is not allowable as Business expenditure

June 21, 2022 6558 Views 0 comment Print

ITAT held that Referral commission paid to doctors in Violation of the professional conduct is Not allowable as Business Expenditure.

No penalty for non-furnishing of segmental details of AE & non-AE transactions due to practical difficulties

June 21, 2022 1311 Views 0 comment Print

ITAT held considering the practical difficulties involved in furnishing the segmental details of AE transactions and non-AE transactions, penalty under Sec. 271G could not be justifiably imposed.

CPC has no jurisdiction u/s 143(1) when decisions are in favour of assessee

June 20, 2022 1785 Views 0 comment Print

I hold that CPC has no jurisdiction of adjustment u/s. 143(1) on this issue where admittedly there were decisions in favour of the assessee from the Hon’ble High Courts

No undisclosed income if source of cash Loan was on record

June 20, 2022 1548 Views 0 comment Print

When the issue-in-dispute was in respect of the receipt of loan and source of which was already available on record, it would not become undisclosed income in the hands of the assessee, as source of the same, was already within the knowledge of the Income Tax Department.

Sewage tax claimed as business expenses, refund to be taxed under business income

June 20, 2022 678 Views 0 comment Print

Payment of Sewage Tax was claimed as business expenditure, refund of same would be liable to be assessed under the head Business Income.

No section 68 addition for Cost of purchase of penny stock shares

June 20, 2022 882 Views 0 comment Print

Hiralaxmi Ishwarlal Mehta Vs ITO (ITAT Mumbai) ITAT noted that the assessee already disclosed the bogus long term capital gain claim on sale of penny stock shares under income disclosure scheme. The sum so disclosed was Rs. 16,20,156/-. The cost of these shares was Rs. 30,673/- which was a component of the total sale proceeds […]

TDS credit, not eligible in the year under consideration, allowed in the year tax deducted

June 18, 2022 3261 Views 1 comment Print

Held that if assessee is not eligible for credit in the year under consideration then credit for the same should be allowed in the year in which tax has been deducted by the deductor.

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