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ITAT Mumbai

Cash Shortfall in Survey vs. Books: No Addition Allowed

October 25, 2023 753 Views 0 comment Print

Explore Almech Enterprises Vs. ACIT case. Learn why a cash shortfall in a survey compared to books doesn’t warrant an addition under section 69C of the Income Tax Act.

Addition u/s 153A in amalgamated company relating to entries in books of amalgamating company prior to amalgamation unjustified

October 25, 2023 879 Views 0 comment Print

Held that the entries in the books of account of amalgamating companies prior to amalgamation cannot be part of the additions made under section 153A in the hands of the assessee (i.e. amalgamated company). Accordingly, additions deleted.

No section 68 addition in absence of actual receipt of money & for accounting mistake

October 25, 2023 921 Views 0 comment Print

A recent ITAT Mumbai ruling in Mehboob Amirali Kamdar vs. ITO demonstrates that the absence of actual money receipt and an accounting mistake can prevent a Section 68 addition.

There cannot be two FMV for the same property on a given date: ITAT Mumbai

October 23, 2023 849 Views 0 comment Print

In a case of tax assessment, ITAT Mumbai directs the DVO to determine Fair Market Value for Imran Kapadia. Details of the order and implications.

Section 153A Assessment: Addition in Unabated Year Requires Incriminating Material

October 22, 2023 639 Views 0 comment Print

Read the ITAT Mumbai order on Arshiya Ltd vs. DCIT for A.Y. 2010-11 & 2012-13. Learn about additions in 153A assessment based on incriminating material and their deletion.

Loan to Equity Conversion Doesn’t Exempt Sec 56(2)(viib): ITAT Mumbai

October 22, 2023 5943 Views 0 comment Print

ITAT Mumbai upheld the application of Section 56(2)(viib) of the Income Tax Act on excess share premium arising from a loan to equity conversion. Learn more about the case.

Employees’ contribution to Provident Fund allowed as deposited before filing of return

October 21, 2023 1005 Views 0 comment Print

ITAT Mumbai held that amendment to section 36(1)(va) is not applicable to A.Y. 2017-2018. Accordingly, as the employees contribution to provident fund is deposited before the due date u/s. 139(1) of the Act, the same cannot be disallowed.

Revisionary order u/s 263 without giving finding that profit declared is erroneous is untenable

October 21, 2023 243 Views 0 comment Print

ITAT Mumbai held that order passed u/s 263 of the Income Tax Act by merely remitting the matter back to AO without giving a finding that profit declared by assessee is erroneous in so far as it is prejudicial to the interest of the revenue is liable to be set-aside.

AO not considered Unsigned Reply: ITAT Directs Re-adjudication

October 21, 2023 312 Views 0 comment Print

In the Sonam Rajesh Rateria vs. ITO case, ITAT orders re-adjudication due to non-consideration of the Assessee’s unsigned reply to a notice under section 147.

Arm’s Length Price of Employee Stock Option Plan cannot be taken as NIL

October 20, 2023 804 Views 0 comment Print

ITAT Mumbai held that Arm’s Length Price (ALP) of Employee Stock Option Plan (ESOP) cannot be taken as NIL. Accordingly, matter set aside with direction to re-compute ALP and transfer pricing adjustment.

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