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ITAT Mumbai

Compensation received for hardship is capital receipt hence not taxable

December 4, 2023 6606 Views 0 comment Print

ITAT Mumbai held that payments/compensation paid by developer is in the nature of hardship allowance / rehabilitation allowance is capital receipt and is not liable to tax.

ITAT Limits Addition to 0.05% of Gross Total for Cash Deposits in Bogus Business Activities

December 1, 2023 7695 Views 0 comment Print

In the Rajendra G. Parekh vs ITO case, ITAT Mumbai restricts additions to 0.05% of gross total, questioning the handling of bank accounts and involvement in bogus business activities.

ITAT Directs Re-adjudication for Late Fees u/s 234E, No Opportunity Given for Appeal Delay Reasons

December 1, 2023 678 Views 0 comment Print

In a recent appeal, Halo Technologies challenges the CIT(A)’s order on late fees under Section 234E of the Income Tax Act. ITAT Mumbai directs re-adjudication, citing lack of opportunity for the Assessee to explain the delay. Full text of the ITAT order dated 20.10.2023.

ITAT set-aside order of CIT(A) for not passing the order on merit

December 1, 2023 735 Views 0 comment Print

Explore the ITAT Mumbai’s reversal of CIT(A)’s order in Laxman Mahadev Patil Vs ITO case for not passing a merit-based decision. Read the full text and analysis.

No section 68 addition in the hands of conduit entity

December 1, 2023 1938 Views 0 comment Print

Read the detailed analysis of the ITAT Mumbai ruling in Standard Fiscal Markets Pvt. Ltd. vs DCIT case. No section 68 addition for conduit entity. Insights on tax implications.

Transfer pricing adjustment unjustified as Specified Domestic Transaction cannot be referred to TPO after 01.04.2017

December 1, 2023 531 Views 0 comment Print

ITAT Mumbai held that reference to TPO in respect of Specified Domestic Transaction (SDT) u/s. 92BA(i) has been omitted from the statue by the Finance Act, 2017 w.e.f. 01/04/2017. Hence, entire reference and transfer pricing adjustment is invalid.

Compensation to real estate developer for closure of agreement allowable as revenue expenditure

December 1, 2023 741 Views 0 comment Print

ITAT Mumbai held that compensation paid to a real estate developer for closure of agreement is allowable as revenue expenditure when the payment of such compensation is closely related to the business of the assessee.

Carried forward unabsorbed depreciation permitted to be set off against short term capital gain

November 30, 2023 8334 Views 0 comment Print

ITAT Mumbai held that the unabsorbed depreciation which is carried forward from earlier years is permitted to be set off against the short term capital gains.

Deduction u/s 80(2)(d) available to co-operative society on interest received on deposits with co-operative bank

November 30, 2023 10524 Views 0 comment Print

ITAT Mumbai held that were the co-operative society receives/earns the interest on deposits with the co-operative bank is eligible for claim of deduction under Section 80(2)(d) of the Income Tax Act.

Addition u/s 68 towards unexplained cash credit based on presumptions & conjectures unsustainable

November 30, 2023 3843 Views 0 comment Print

ITAT Mumbai held that addition u/s. 68 of the Income Tax Act towards unexplained cash credit unsustainable as the addition was made by AO on the basis of presumptions and conjectures and without conducting any independent investigation.

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