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ITAT Mumbai

ITAT Imposes Rs. 10,000 Cost on Appellant for not responding to notices issued by AO

August 21, 2023 582 Views 0 comment Print

ITAT Mumbai imposes Rs. 10,000 cost on Hunt International Investments LLC for non-response to notices under section 142(1). Details on the case inside.

Purchases reflected in books can’t be treated as unexplained investment

August 21, 2023 2670 Views 0 comment Print

ITAT Mumbai sets aside CIT(A) order in Vimal Kishor Shah vs ITO case, ruling purchases reflected in books can’t be treated as unexplained investment.

ITAT: Capital Project Donations for Trust Treated as Corpus, Re-adjudication Directed

August 21, 2023 567 Views 0 comment Print

ITAT Mumbai’s order on Ayyappa Seva Samgham Bombay Vs CIT(A). Insight into the ruling on Corpus Donations, depreciation claims, & Section 11 of the Act.

Expense incurred for earning business income is allowable as business expense

August 20, 2023 336 Views 0 comment Print

ITAT Mumbai held that since service charges collected from the tenant was accepted as ‘income from business, any expenses incurred thereof is allowable as business expense.

Section 69A doesn’t apply to cash deposited and declared as income

August 18, 2023 5550 Views 0 comment Print

ITAT Mumbai held that provision of Sec. 69A of the Income Tax Act cannot be applied in respect of cash deposited which have been duly recorded in the books of account and had already been declared income in the return of income filed by the assessee.

TPO order passed after time limit prescribed u/s 92CA is barred by limitation

August 18, 2023 3567 Views 0 comment Print

ITAT Mumbai held that as per section 92CA of the Income Tax Act, TPO can pass the order at any time before 60 days prior to the date on which period of limitation referred u/s 153 expires. TPO order passed after the prescribed time limit is non-est and barred by limitation.

Incriminating Material found during search of third party: Section 153C vs. 147

August 18, 2023 1830 Views 0 comment Print

ITAT Delhi held that addition based on incriminating material found during the search carried out of ‘some other person’ i.e. third person/ party and assessing the same by invoking provision of section 147 instead of section 153C is unsustainable.

Incriminating document found during search of third party needs to be provided to assessee

August 18, 2023 1461 Views 0 comment Print

ITAT Mumbai remanded the matter back to the file of Assessing Officer as incriminating document found against the Assessee during search operation of third party is not provided to the Assessee.

Order passed in the name of non-existing entity doesn’t survive

August 17, 2023 1587 Views 0 comment Print

ITAT Mumbai held that the assessment order passed in the name of non-existing entity will not survive. Accordingly, the assessment order is liable to be quashed and set aside.

Addition u/s 68 sustained as genuineness of transaction in shares not proved

August 17, 2023 822 Views 0 comment Print

ITAT Mumbai held that addition of unexplained investment u/s 68 sustained as genuineness of transaction in shares not proved. Further, SEBI also found manipulative trade executed in entities to whom shares were sold by the assessee.

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