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ITAT Mumbai

Section 10(22) exemption is allowable to American School of Bombay Education Trust

February 21, 2019 1323 Views 0 comment Print

Assessee-American School of Bombay Education Trust was eligible for income tax exemption u/s. 10(22) as assessee had reasonable cause and justified the expenses claimed in the Income and Expenditure statement filed along with the return of income.

LTCG or STCG to be assessed when income accrued to assessee

February 21, 2019 4272 Views 0 comment Print

It was held after the accrual of consideration, the capital gain was liable to be assessed in the hands of assessee and income from short term capital gain/long term capital gain was only liable to tax when it accrued to assessee

Reassessment without issuance of notice U/s 143(2) is invalid

February 21, 2019 5730 Views 0 comment Print

Reassessment order passed by AO without issuing notice under section 143(2) was invalid as it is mandatory obligation of AO to serve notice by assigning reasons therein with regard to his belief of escaped tax liability before making reassessment of any escaped income.

Municipal Tax directly related to let out Property cannot be deducted against other Income

February 20, 2019 999 Views 0 comment Print

Payment of municipal taxes are directly related to letting out of the property, therefore, the same could not be allowed as a deduction under Sec. 57(iii) for the purpose of earning of amenities charges by the assessee.

ITAT allows Expense on Speed-Boat to Akshaye Khanna

February 20, 2019 1158 Views 0 comment Print

Akshaye Khanna Vs ACIT (ITAT Mumbai) Assessee had been using speed-boat for travelling from Mumbai to Alibaug for his professional activities like acting, practice, health, maintenance, story telling etc. and hence, business asset has been utilized by assessee for commutation for professional work and therefore, the expenditure against the same was allowable to the assessee […]

297 Page ITAT order in the case of Late Shri Harshad S. Mehta

February 19, 2019 4665 Views 0 comment Print

First we shall deal with the appeals of Late Harshad S. Mehta through Legal Heir Smt. Jyoti H.S. Mehta for AY 1992-93 in ITA No.5702/Mum/2017 of assessee appeal and ITA No.6028/Mum/2017 of Revenue appeal.

Long term vis-a-vis short term: Tenancy right after converting into ownership

February 19, 2019 2550 Views 0 comment Print

Where assessee had tenancy right in property, which was converted into ownership before sale of shop, then period of holding would be determined from the date the assessee acquired ownership of the asset because on purchase of the property the tenancy right was converted into ownership and assessee had sold shop not tenancy right.

No Disallowance U/s. 40A(2) if Personal Tax already paid on Remuneration

February 18, 2019 4575 Views 0 comment Print

Payment of high remuneration to Directors cannot be disallowed by treating the same as a tool to shift profits to evade tax when the Directors have already offered the income for tax through their personal returns.

FMV as on Date of Sale Agreement is Relevant for Section 50C

February 18, 2019 4728 Views 0 comment Print

Provision of section 50C is applicable as on the date of execution of sale agreement and accordingly the fair market value of the property as on the date of sale agreement is to be taken.

Valuation for Share Premium on Preference share cannot be made on mere suspicion

February 18, 2019 12717 Views 0 comment Print

DCIT Vs Piramal Realty Pvt. Ltd. (ITAT Mumbai) We have considered the issue and find that this section does not cover section 68 of the Act. Thus, the Legislature does not envisage any sort of valuation for the purpose of section 68 of the Act. Indeed, valuation of preference shares is a completely different exercise […]

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