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ITAT Mumbai

Taxability of Capital gain on Sale of booking rights of flat

February 6, 2018 15657 Views 0 comment Print

Miss Indira Vasanji Shah Vs. DCIT (ITAT Mumbai)  owners of the plot have authorised the developer to take the plot and the moment the assessee has booked the flat and flat has been allotted to the assessee, a valuable right has created. It is a capital asset and that right continued till the assessee entered […]

Penalty cannot be imposed U/s. 271(1)(c) in absence of recording of satisfaction by AO

January 29, 2018 17037 Views 0 comment Print

Aforesaid appeal by the assessee is against order dated 28th December 2015, passed by the learned Commissioner (Appeals)–37, Mumbai, confirming penalty under section 271(1)(c) of the Income-tax Act, 1961 (for short the Act) for the assessment year 2010–11.

Deduction U/s. 80-IB(10) not available in case of Delay in filing return

January 29, 2018 2442 Views 0 comment Print

Dy. CIT Vs. Siroya Developers (ITAT Mumbai) Section 139(1) casts an obligation on every assessee to furnish the return of income by the due date. With a view to enforce the compliance in this regard by the assessees who are entitled for deduction under section 10B from their income, a proviso (fourth proviso) to sub-section […]

Common Area Maintenance and non-occupancy charges paid are deductible from rent in computation of ‘Annual Letting Value’ u/s 22

January 28, 2018 8601 Views 0 comment Print

Common Area Maintenance Charges and non-occupancy charges paid by the assessee to the Society are deductible from the rent while computing the Annual Letting Value u/s 22

Section 14A r.w. Rule 8D cannot be interpreted to mean disallowance of entire tax exempt income

January 28, 2018 3810 Views 0 comment Print

Pest Control India Pvt Ltd vs. DCIT (ITAT Mumbai) By no stretch of imagination can Section 14A or Rule 8D be interpreted so as to mean that entire tax exempt income is to be disallowed The Hon’ble Delhi High Court in the case of Joint Investment Private Limited in ITA.No. 117/15 dated 25.02.2015 held that […]

ITAT confirms Addition to Income of Priyanka Chopra

January 28, 2018 4773 Views 0 comment Print

IT search and seizure case of Priyanka Chopra: with reference to the materials found specific amount to various heads given wherein the undisclosed income had been utilized, later on retraction by her mother: additions to income held to be justified

ITAT allows exemption U/s. 11 on Income earned by Pharmacy shop in Trust Hospital

January 10, 2018 1716 Views 0 comment Print

DCIT Vs National Health & Education Society (ITAt Mumbai) CIT(A) relying upon the order of its predecessor in AY 2010-11 & 2011-12 allowed the appeal of the assessee on the premises that operation of the pharmacy shop was intrinsic to the activities of the assessee and not incidental and did not constitute business and therefore, […]

Interest U/s. 234B / 234C cannot be levied for period prior to date of survey on Income declared during Survey

January 2, 2018 3690 Views 0 comment Print

Emem Freight Forwarders Vs Dy. CIT (ITAT Mumbai)  Section 210 of the Act requires the assessee to pay advance tax at his own or in pursuance of the order of the assessing officer on or before each of the due dates specified under section 211 of the Act. In the instant case, the assessment year […]

Acquisition of flat in under construction building should be considered as Construction and not Purchase

January 1, 2018 4983 Views 1 comment Print

Booking of flat in an apartment under construction must also be viewed as a method of constructing residential tenements. Commencement of construction is not relevant for the purpose of sec. 54 and it is only the completion of construction.

S. 271(1)(c) Penalty cannot be invoked without Specifying Exact Charge

December 29, 2017 3054 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT), Mumbai bench, on Wednesday furnished an order which ensure that tax payers are not charged penalty for unspecified reasons.

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