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ITAT Mumbai

Deposit in bank not explained satisfactorily is unexplained credit U/s. 69A

May 8, 2017 21936 Views 0 comment Print

The assessee has failed to bring on record any evidence to establish his claims that the deposits in the ICICI Bank, saving bank account at Khar (W), Mumbai was out of receipts connected with his business transactions

Rent paid under Oral Agreement to an authority is allowable

May 5, 2017 1827 Views 0 comment Print

In ACIT Vs. Texool Ltd., the Mumbai ITAT allowed deduction on rent directly paid to the authority on behalf of Lessor under an Oral agreement. However, the relief was granted subject to a condition that the lessor has offered the same in his return of income.

No Penalty if Quantum Appeal been decided in favour of Assessee

May 3, 2017 3915 Views 0 comment Print

Since the very basis for levy and upholding of penalty under section 271C of the Act by the authorities below for assessment years 2000- 01 and 2002-03 to 2004- 05 does not survive, the orders levying/upholding the aforesaid penalty are not sustainable.

Full Section 54F exemption despite purchase in joint name

May 3, 2017 13854 Views 0 comment Print

Assessee was entitled to full exemption under section 54F when the full amount was invested by the assessee even though the property was purchased in the joint names for the sake of convenience

Exemption U/s. 54 cannot be denied for investment in joint name

May 1, 2017 8649 Views 1 comment Print

Assessee was entitled to full exemption u/s. 54 when full amount was invested by assessee even though property was purchased in joint names of assessee and his brother.

Burden of proving Genuineness of Anonymous Donation is on Trust

April 30, 2017 2484 Views 0 comment Print

Assessee to prove that it is covered by exceptions to chargeability to tax as is provided by provisions of Section 1 15BBC of 1961 Act, namely that the assessee maintained a record of the identity indicating the name and address of the person making such contribution and such other particulars as may be prescribed or else it is a religious trust.

IPL Sponsorship expenses allowable as Revenue Expenditure

April 30, 2017 6015 Views 0 comment Print

expenditure incurred for organizing sports events are allowable items of revenue expenditure as such events publicise the names of the sponsor.

Income Tax Exemption to MIG Cricket Club under department scanner

April 29, 2017 1581 Views 0 comment Print

We are prima facie of the opinion that the activities of the assessee of Banquet Hall Hiring, Hospitality (Restaurants) and Permit Room (Bar) are in the nature of carrying on trade, commerce, or business for consideration, which are hit by proviso to Section 2(15) of 1961 Act.

S. 263 Inadequate enquiry cannot be termed as lack of enquiry

April 25, 2017 2616 Views 0 comment Print

Uncontrovertedly, necessary details/reply to the questionnaire were filed/produced by the assessee and the same were examined by the Assessing Officer, therefore, it is not a case of lack of enquiry by the Assessing Officer

No TDS on Expense Reimbursement under Mutual Agreement between Entities

April 24, 2017 3618 Views 0 comment Print

Thus, the concept of Mutuality postulates that all the contributors to the common fund must be entitled to participate in the surplus and that all the participators in the surplus are contributors to the common fund. It is in this sense that the law postulates that there must be a complete identity between the contributors and the participators.

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