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ITAT Mumbai

Notional Interest Income Not Taxable under Real Income principle: ITAT Mumbai

May 7, 2024 3948 Views 0 comment Print

Mumbai ITAT ruling exempts notional interest credited as per accounting standards from taxation, citing real income principle. Details of ACIT vs Kesar Terminals and Infrastructure Ltd.

Bullion Purchases: LBMA Rates vs. KITCO and Reuters for ALP

May 6, 2024 399 Views 0 comment Print

ITAT considered the justification provided by the assessee, which referenced KITCO and Reuters databases for determining transaction prices. However, the Transfer Pricing Officer (TPO) argued that the London Bullion Market Association (LBMA) should be the primary source for estimating bullion trading prices.

Gross Profit Addition on Bogus Purchases should Align with Genuine Ones

May 6, 2024 1407 Views 0 comment Print

ITAT held that if sales are not disputed and there is no discrepancy between purchases and declared sales, addition should be restricted to bring gross profit on alleged bogus purchases in line with other genuine purchases.

Adhoc Disallowance on Surmises Without Rejecting Books is unsustainable

May 6, 2024 1581 Views 0 comment Print

ACIT Vs Merchant Agri Global Private Limited – Detailed analysis of Mumbai ITAT’s decision regarding adhoc disallowance of expenses without rejecting books of account. Full text of the order provided.

ITAT Mumbai taxed LTCG from Penny Stock ‘Essar (India) Ltd’

May 6, 2024 1359 Views 0 comment Print

Shanno Mohammed Yusuf Warsi Vs ITO (ITAT Mumbai) The case of Shanno Mohammed Yusuf Warsi Vs Income Tax Officer (ITO) at the Income Tax Appellate Tribunal (ITAT) Mumbai revolves around the taxation of long-term capital gains (LTCG) from penny stock transactions, specifically involving shares of Essar (India) Ltd. The central question is whether the assessee […]

No addition u/s 68 as assessee had not benefited from Round-Tripping of Share Transactions

May 6, 2024 864 Views 0 comment Print

Assessee had issued share application money and subsequently allotted shares which showed that the transactions were genuine and there was no material brought on record by tax authorities that the assessee had benefited from round-tripping, therefore, ITAT had deleted the addition made u/s 68.

Post-filing Corrections to Form 35A cannot be treated as filed beyond time limit

May 5, 2024 675 Views 0 comment Print

ITAT found that the original Form 35A was filed within the stipulated time and ruled that the correction made thereafter should not be considered late.

Assessment Based on Mere Unverified Third Party Statement Bad in Law: ITAT Mumbai

May 5, 2024 5742 Views 0 comment Print

Analysis of Kundal Raghubir Bhandari Vs ITO (ITAT Mumbai) case reveals flaws in assessment based on unverified third-party statements. Learn more about this significant legal ruling.

Assessment Reopening Limited to Four Years if there was Full Disclosure by Assessee

May 5, 2024 981 Views 0 comment Print

Mumbai ITAT rules in Lalita Troy Caeiro Vs ITO case that assessment can’t be reopened beyond 4 years if there’s full disclosure by assessee. Detailed analysis and conclusion provided.

STCL Taxable at 15% Can be set-ff against STCG Taxable at 30%: ITAT Mumbai

May 5, 2024 1143 Views 0 comment Print

Explore the detailed analysis of JS Capital LLC Vs ACIT (ITAT Mumbai) regarding the offsetting of Short Term Capital Loss (STCL) against Short Term Capital Gain (STCG) under section 70(2) of the Income Tax Act.

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