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ITAT Mumbai

SEBI Investigation of broker Alone Insufficient to Label Assessee’s LTCG as Bogus

February 11, 2024 669 Views 0 comment Print

Investigate the Income Tax Appellate Tribunal ruling in ITO vs. Indravadan Jain HUF & its implications for similar cases in the future. Assessing officer’s declarations on SEBI Investigation & LTCG of the assessee addressed.

Article 13(4) of India-Mauritius DTAA exempts sale of shares acquired prior to 1st April 2017

February 10, 2024 1188 Views 0 comment Print

ITAT Mumbai held that benefit of Article 13(4) of India Mauritius tax Treaty duly available to Mauritius registered assessee, having Tax Residency Certificate, for sale of shares which were acquired prior to 1st April 2017.

Transferee Undertaking Eligible for Deduction u/s. 80IA(4) for Remaining Period: ITAT Mumbai

February 10, 2024 498 Views 0 comment Print

ITAT Mumbai held that in case of transfer of undertaking deduction u/s. 80IA(4) of the Income Tax Act for remaining unexpired period duly admissible to transferee when transferor and transferee should jointly intimate to the Department of Industrial Policy and Promotion.

No Penalty for Excessive Depreciation Claim Due to bona fide Mistake

February 9, 2024 1479 Views 0 comment Print

Mumbai ITAT quashes penalty in DCIT vs Sasan Power Ltd case, ruling that furnishing inaccurate expenditure claim does not constitute inaccurate particulars of income, citing bona fide mistake.

Mere allegations insufficient to disallow section 35-AC deduction: ITAT Mumbai

February 9, 2024 528 Views 0 comment Print

ITAT Mumbai decides on a case involving the disallowance of Section 35-AC deduction, emphasizing the importance of tangible evidence over mere allegations.

ITAT Mumbai restricts addition for Bogus purchases to 10% of disputed purchases

February 9, 2024 1287 Views 0 comment Print

Analysis of Leelaben Kantilal Parekh Vs ITO (ITAT Mumbai) case discussing the validity of a reopening notice under section 148 and addition under section 69C for bogus purchases.

Reassessment Based on Previously Examined Facts Unacceptable: ITAT Mumbai

February 9, 2024 525 Views 0 comment Print

ITAT Mumbai held that initiation of reassessment proceedings on account of change of opinion formed on re-appraisal of the facts already on record and examined during the regular assessment proceedings is liable to be quashed.

Transaction not become bogus merely for non response to section 133(6) notices: ITAT Mumbai

February 9, 2024 4812 Views 0 comment Print

ITAT Mumbai held that non-response to notice u/s. 133(6) of the Income Tax Act by some parties that does not prove that the entire transactions are bogus especially when all other documents to prove the identity and creditworthiness of the parties have been submitted

Reopening Based on Incorrect Grounds Invalidates Assessment: ITAT Mumbai

February 9, 2024 864 Views 0 comment Print

Mumbai ITAT invalidated the assessment against Good Shepherd Church due to reopening based on incorrect grounds. Get insights from the detailed analysis of the case.

Deduction Eligibility: Compensation for Goods Destruction Pre-Sale Under Sec. 80IA/80IB

February 9, 2024 405 Views 0 comment Print

Mumbai ITAT’s ruling on Colorplus Realty Limited vs. Dy. CIT case regarding deduction u/s 80IB for compensation received from insurance company for destroyed goods before sale.

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