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ITAT Mumbai

ITAT Mumbai Remands Case for Fair Hearing on Assessment Order

January 18, 2024 399 Views 0 comment Print

Explore the ITAT Mumbai’s remand of Nitin Amratlal Brahmbhatt’s case against ACIT-24(3) on the assessment order under Income Tax Act. Fair opportunity of hearing mandated.

CIT(A) cannot exercise enhancement power on issue not dealt by AO

January 18, 2024 1353 Views 0 comment Print

ITAT Mumbai held that CIT(A) cannot exercise the power to enhance u/s. 251(1) where AO has not dealt with the issue and has not applied his mind on the taxability or non-taxability of a specific matter. Accordingly, exercise such power by CIT(A) will be beyond his jurisdiction.

Section 263: Revision unjustified as AO took possible view based on available records

January 18, 2024 666 Views 0 comment Print

ITAT Mumbai held that revision under section 263 of the Income Tax Act unjustified as AO while allowing the exemption in the order passed under section 144 r.w.s.263 has taken a possible view upon verifying the details available on record.

Increase in exempt income due to typographical error: ITAT deletes addition

January 18, 2024 894 Views 0 comment Print

Read ITAT Mumbai’s order in Mitren Natvarlal Thakkar vs. DCIT case. Assessing typographical errors, ITAT dismisses tax evasion claims. Details in the full text.

TDS not deductible from discount paid on prepaid sim card/ recharge vouchers

January 17, 2024 768 Views 0 comment Print

ITAT Mumbai held that the assessee is not liable to deduct tax at source from the discount paid on prepaid sim card/recharge vouchers. Thus, disallowance made u/s 40(a)(ia) of the Income Tax Act liable to be deleted.

Foreign exchange loss attributable to material purchase is revenue expense

January 16, 2024 618 Views 0 comment Print

ITAT Mumbai held that foreign exchange loss incurred by the assessee attributable to purchase of material is revenue expenditure and it cannot be included in the cost of project. Accordingly, the same is allowable as deduction.

Denial of exemption based on documents seized from employees without any corroborative material unsustainable

January 16, 2024 1068 Views 0 comment Print

ITAT Mumbai held that documents seized from employees cannot be considered as having any evidentiary value and cannot be considered to have trustworthiness, since no other corroborative material was brought on record to support the veracity of the same. Hence, documents seized from employees cannot be relied upon for denying exemption u/s 11.

Tax Implications on Architectural Services, Brokerage and Reimbursement of Expenses

January 16, 2024 2466 Views 0 comment Print

In a landmark ruling, ITAT Mumbai delves into ITO vs. Macrotech Developer Ltd., analyzing tax implications on international transactions, focusing on architectural services, brokerage, and expense reimbursements under ITA and DTAA. A comprehensive verdict that sets a significant precedent in international taxation law.

Jurisdictional Deficiency in Notice u/s 143(2) Renders Assessment Order Liable for Quashing

January 16, 2024 4233 Views 0 comment Print

Read case of Monarch & Qureshi Builders challenging an ITAT Mumbai order, highlighting jurisdictional issues in Section 143(2) notice for quashing assessment.

Residential Status Dispute: Assessee’s Victory in ITAT Mumbai

January 11, 2024 2673 Views 0 comment Print

Mumbai ITAT rules in favor of assessee in residential status dispute. Case details of ACIT vs. Nishant Kanodia for AY 2013-14. Complete analysis and judgment.

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