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ITAT Mumbai

Letters of Comfort will construe as an International Transaction u/s 92B

May 13, 2024 825 Views 0 comment Print

Issuance Of Letters Of Comfort/Support will Construe As International Transaction U/s 92B considering corporate guarantee issued by assessee could not be compared with the letters of comfort and therefore agreed with the computation of arm’s length rate of 0.04%.

ITAT Upholds AO’s Decision to Treat Rental Income as House Property Income & Disallow Depreciation

May 12, 2024 849 Views 0 comment Print

ITAT noted that company’s primary objective was providing IT services, not letting out properties. Therefore, it upheld Assessing Officer’s decision to treat rental income as income from house property and disallow depreciation claimed by company.

Expenditure u/s 37(1) should be disallowed to the extent not in line with existing business

May 11, 2024 2019 Views 0 comment Print

Expenditure incurred by assessee should be disallowed to the extent that expenditure which had been incurred for evaluation of business opportunities that could not be said to be in line with the existing business or an extension of the existing business of assessee of manufacturing of paints and enamels.

Disallowing Expenses as ‘Prior Period Expenses’ Requires Examination of Liability Crystallization Year

May 10, 2024 2148 Views 0 comment Print

ITAT referred to principle that expenses are allowable in year of crystallization of their liability, even if they relate to an earlier period. It held that expenses crystallized in current assessment year are deductible, regardless of when they were incurred.

Manufacturing Segment Transaction Benchmarking: ITAT Upholds TNMM Method Over CUP

May 10, 2024 423 Views 0 comment Print

Read the full text of ITAT Mumbai’s order in the case of LANXESS India Pvt Ltd vs DCIT, upholding TNMM method over CUP for benchmarking export transactions under manufacturing segment.

ITAT Grants Section 54 Deduction for New Residential Property in Wife’s Name

May 10, 2024 21423 Views 0 comment Print

In the case of Gopalkrishna Pandu Shetty Vs ACIT (ITAT Mumbai), deduction under Section 54 of the Income Tax Act is allowed for a property purchased in the wife’s name. Detailed analysis and conclusion provided.

ITAT Directs Re-adjudication on allowbility of property tax paid in earlier years

May 10, 2024 747 Views 0 comment Print

Discover the ITAT Mumbai’s order directing re-adjudication regarding the liability of property tax paid by Rare Townships Pvt Ltd on behalf of the Collector.

No section 270A penalty for addition on account of estimation of fair market value by Valuation Officer

May 9, 2024 2898 Views 0 comment Print

ITAT Mumbai rules penalty under Section 270A deleted as I-T authority failed to consider reasons for difference in sale consideration and stamp duty valuation.

ITAT confirms 12.5% gross profit margin on alleged bogus purchases

May 9, 2024 996 Views 0 comment Print

In DCIT Vs Nilesh Shantilal Tank case, Mumbai ITAT confirms 12.5% gross profit margin on alleged bogus purchases as sales remain undisputed. Full text of the order included.

Section 68 additions can be made in the year in which cash credit was received

May 8, 2024 2556 Views 0 comment Print

Mumbai ITAT’s ruling in Vijay Suresh Dave Vs DCIT regarding addition of unexplained cash credit u/s 68. Detailed analysis of the case and conclusions.

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