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ITAT Mumbai

Comparability for determining ALP lost as only comparable chosen by DRP fails

November 15, 2023 555 Views 0 comment Print

ITAT Mumbai held that once only comparable as chosen by DRP fails, then same loses the comparability for determining the ALP.

No Section 54/54F Exemption for Investments in Wife & Daughter’s Name: ITAT Mumbai

November 14, 2023 11403 Views 0 comment Print

ITAT Mumbai denies capital gain exemption ( Section 54/54F) to Hem Chandra R. Gavankar for investing in a house in his wife and daughter’s name.

No section 270A Penalty for Genuine Head of Income Error in computation of Income

November 13, 2023 1770 Views 0 comment Print

In the case of D.C. Polyester Ltd. vs. DCIT (ITAT Mumbai), penalty under section 270A was contested for changing income head. Detailed analysis and outcome explained.

ITAT deletes Penalty on Estimated addition from Sales Tax Department Info

November 13, 2023 552 Views 0 comment Print

Mumbai ITAT deletes penalty under section 271(1)(c) of the Income Tax Act on estimated quantum addition based on information from Sales Tax Department. Full text order.

No Addition u/s 68 – Share Application Money Proven with Documents

November 12, 2023 2811 Views 0 comment Print

Inter Publicity Pvt. Ltd. Vs DCIT (ITAT Mumbai) Introduction: The recent order from ITAT Mumbai, dated 17/10/2023, in the case of Inter Publicity Pvt. Ltd. vs. DCIT sheds light on the assessment year 2014-15. The appeal addresses concerns about additions under section 68 of the Income Tax Act related to share application money. Detailed Analysis: […]

Assessment order framed in the name of deceased assessee is non-est in law

November 12, 2023 2244 Views 0 comment Print

ITAT Mumbai’s decision on assessment in the name of a deceased assessee. Analysis of the case, legal implications, and implications for legal heirs. Learn more.

ITAT Upholds Section 56(2)(viib) Addition for Excess Consideration on Share Allotment

November 10, 2023 798 Views 0 comment Print

ITAT Mumbai upholds addition in Osianama Learning Experience Pvt. Ltd. case under Section 56(2)(viib) of the Income Tax Act, related to excess consideration received on allotment of shares.

Section 80G Registration doesn’t Preclude Trust from availing Section 115BBC(2)(b) benefit

November 9, 2023 804 Views 0 comment Print

ITAT Mumbai held that merely because an assessee is registered u/s 80G of the Act will not automatically mean that such Trust cannot have any religious purpose and therefore cannot avail benefit of Section 115BBC(2)(b) of the Income Tax Act.

ITAT Directs Re-examination of Disallowed Interest Paid to Partners

November 8, 2023 594 Views 0 comment Print

Ruskin Chemipharm vs. ACIT: ITAT Mumbai orders re-examination of disallowed interest paid to partners due to a mistake in Tax Audit Report. Detailed analysis here.

No addition u/s 69A on the basis of statement recorded during survey if there was no supporting evidence

November 8, 2023 2553 Views 0 comment Print

Addition under section 69A was not justified as AO had not brought on record any material in support of the addition made by him nor he provided any basis for arriving at the basis, particularly when all the 30 flats had not been sold during the year relevant to AY 2017-18, therefore, there was no basis for arriving at the conclusion that assessee had received any on-money.

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