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ITAT Mumbai

Section 234B interest cannot be imposed on Payee in case of Failure of Payer to Deduct TDS

August 8, 2020 1506 Views 0 comment Print

ITAT states that under this issue the assessee has challenged the levy of interest u/s 234B of the Act. The payer is under obligation to deduct the tax at source and on account of failure of payer to deduct the tax at source, the penalty interest u/s 234B cannot be imposed on the payee.

Section 14A disallowance cannot exceed Actual Expense incurred for earning exempt income

August 8, 2020 1626 Views 0 comment Print

The issue under consideration is whether the disallowance under 14A can be exceed the actual expenditure incurred in this regard?

If two Constructions are Possible then one in Favour of Assessee should be Applied

August 8, 2020 1875 Views 0 comment Print

The issue under consideration is whether late fee u/s 234E can be levied prior to 1.6.2015 i.e. prior to enactment of section 234E?

Addition for unexplained gold cannot include value of Silver

August 2, 2020 1029 Views 0 comment Print

The issue under consideration is whether the addition for unexplained Gold made by combining the value of Gold and Silver is justified in law?

MCI Code of Conduct not Applicable to pharma companies; Freebies to doctors allowed

August 2, 2020 5469 Views 0 comment Print

ITAT states the code of conduct prescribed by the Medical Council is applicable only to medical practitioners/ doctors registered with the MCI and does not apply to pharmaceutical companies & the healthcare sector in any manner.

A flat buyer acquire vested right in flat upon payment of consideration & execution of allotment letter

July 31, 2020 6327 Views 0 comment Print

Yogesh Mavjibhai Gala Vs PCIT (ITAT Mumbai) A flat buyer acquire vested right in the flat upon payment of consideration and execution of allotment letter The holding period for the purpose of capital gain for income tax is calculated from the date of allotment of flat and not from the date of possession of flat. […]

Section 154 Debatable Point of Law is Not a Mistake Apparent from Record

July 31, 2020 12852 Views 0 comment Print

The issue under consideration is whether decision based on a debatable point of view can be treated as a mistake apparent from the record?

Share application money cannot be treated as Loan unless Transaction is bogus

July 31, 2020 6156 Views 0 comment Print

It is not open to the revenue authorities to recharacterize the transaction unless it is found to be a sham or bogus transaction. While there are no specific powers vested in the TPO to recharacterize the transaction, even under the judge made law, such rechracterization can be done by the revenue authorities when the transactions are found to be substantially at variance with the stated form.

No section 23 Addition of Notional Rent for Vacant Property

July 30, 2020 6609 Views 0 comment Print

The issue under consideration is whether the addition on account of notional rent in respect of vacant property is justified in law?

Bogus Purchase: Addition on peal credit basis for Low Margin & Low Vat Rate Items unjustified

July 28, 2020 939 Views 0 comment Print

The issue under consideration is whether the CIT(A) is correct in confirming addition u/s 69C of the Act on account of unexplained purchases made during the year, calculated on the basis of peak credit?

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