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ITAT Mumbai

No Recording of Service of Notice: ITAT Sets Aside Revision Order

September 3, 2023 681 Views 0 comment Print

ITAT questioned whether notice issued under section 263 of the Act was properly served to assessee, as this is fundamental for upholding principles of natural justice.

Denial of deduction claimed u/s 80P(2)(d) by invoking another sub-section of 80P unjustified

September 3, 2023 1554 Views 0 comment Print

ITAT Mumbai held that deduction claimed u/s. 80P(2)(d) of the Income Tax Act cannot be denied by invoking another sub-section of 80P. Accordingly, disallowance of deduction claimed u/s 80P deleted.

Reopening of assessment u/s 147 based on information received by AO justified

September 3, 2023 2217 Views 0 comment Print

ITAT Mumbai held that reopening of assessment under section 147 of the Income Tax Act based on information received by AO from DDIT (investigation) justified subject to fulfilment of conditions as envisaged u/s 147/148.

Payments of PF and ESI made before filing of income tax return cannot be disallowed

September 2, 2023 1335 Views 0 comment Print

ITAT Mumbai held that disallowance on account of delayed payments of PF and ESI contribution unjustified as payment made well before the due date of filing of income tax return u/s. 139(1).

Invocation of provisions of section 263 without satisfying twin condition is unsustainable

September 2, 2023 411 Views 0 comment Print

ITAT Mumbai held that invocation of provisions of section 263 of the Income Tax Act without satisfying the twin condition i.e. erroneous and prejudicial to the interest of revenue not satisfied. Hence, order passed u/s 263 set aside.

Addition u/s 68 merely based on suspicion unsustainable

September 1, 2023 1542 Views 1 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act towards unexplained expenditure merely on the basis of suspicion without any other support is unsustainable in law.

ITAT deletes addition for duly explained cash deposit

September 1, 2023 828 Views 0 comment Print

Review of ITAT Mumbai’s ruling in Kamlesh Vasant Nerkar Vs CIT, emphasizing the need for AO to recognize income that has been adequately explained by the taxpayer.

Interest paid on housing loan not allowable as cost of acquisition

September 1, 2023 7830 Views 0 comment Print

ITAT Mumbai held that interest paid on housing loan borrowed for purchase of flat is not allowable as cost of acquisition.

Revisionary power u/s 263 rightly invoked as order erroneous and prejudicial to interest of revenue

August 31, 2023 417 Views 0 comment Print

ITAT Mumbai held that revisionary powers under section 263 of the Income Tax Act rightly invoked by PCIT as order of assessing officer is erroneous and prejudicial to the interest of revenue.

Addition based on claim of payment of cash in civil suit sustained as source of cash payment not explained

August 31, 2023 846 Views 0 comment Print

ITAT Mumbai held that addition towards unexplained and undisclosed income sustained as assessee itself claim payment of cash in the civil suit and failed to explain the source of the cash payment.

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