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ITAT Mumbai

Section 50C Inapplicable to Assessee in Property Redevelopment Business: ITAT Mumbai

March 22, 2024 2058 Views 0 comment Print

Explore the case of Tirupati Developers vs ACIT where ITAT Mumbai ruled no section 50C addition for PGBP income in a redevelopment project.

Advance for Flats: Recognizing Revenue on Risk Transfer & Buyer’s Transfer Rights- ITAT

March 22, 2024 1410 Views 0 comment Print

In the case of Cavalcade Properties Pvt. Ltd. vs. DCIT, ITAT mandates re-evaluation of advances against flat bookings, challenging revenue recognition methods.

ITAT deletes Section 68 addition of Advance received against Sale

March 22, 2024 1692 Views 0 comment Print

Read the detailed analysis of Hiral Exports vs ITO case where ITAT Mumbai deletes Rs.40,82,500 addition under section 68 of the Income Tax Act due to failure to rebut evidence.

Date of transfer of share is date of contract and not date of agreement: ITAT Mumbai

March 22, 2024 2496 Views 0 comment Print

ITAT Mumbai held that the date of the agreement by no stretch of imagination could be the date of sale of the shares by the assessee. As date of contract of sale would be date of fulfilment of conditions specified in share purchase agreement, date of contract will be treated as date of transfer.

Addition on account of bogus purchases should be limited to profit margin involved therein: ITAT Mumbai

March 21, 2024 1362 Views 0 comment Print

ITAT Mumbai held that addition in case of bogus purchases should be limited to the extent of G.P. rate on purchases. Accordingly, matter remanded with direction to reduce addition only to the extent of profit margin involved in such purchases.

ITAT Deletes Cash Deposit Addition; Source Linked to Property Sale Advance received by father

March 21, 2024 618 Views 0 comment Print

In the case of Aashish Luthra vs. ITO, ITAT Mumbai deletes cash deposit addition after establishing the source as property sale advance received by the father.

AO treated share purchase bogus for non-submission of Share Certificate: ITAT Directs AO to Re-compute Tax 

March 21, 2024 249 Views 0 comment Print

In a case involving share purchase discrepancies, ITAT Mumbai directs the AO to re-calculate tax liabilities after verifying relevant documents. Full text of the order provided.

Valid satisfaction note mandatory for initiation of search assessment on ‘other person’: ITAT Mumbai

March 21, 2024 1182 Views 0 comment Print

ITAT Mumbai held that for initiation of search assessment on the ‘other person’ recording of valid satisfaction note as required under section 153C of the Income Tax Act is mandatory. In absence of the same, subsequent framing of assessment order u/s 153C/143(3) of the Act is null in the eyes of law.

No Penalty under Section 271B if Penalty Already Levied under Section 271A

March 20, 2024 1470 Views 0 comment Print

Mumbai ITAT sets aside penalty under section 271B, citing previous penalty under section 271A for non-maintenance of accounts in Haresh Ghanshyamdas Makhija vs ITO case.

Disallow Only Profit Element on Bogus Purchases: ITAT Mumbai

March 20, 2024 1536 Views 1 comment Print

Discover Mumbai ITAT order on Capacite Infra Projects Ltd Vs DCIT, analyzing disallowance of non-genuine/Bogus purchases and its implications on tax assessment.

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