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ITAT Mumbai

Amount of carbon credit received is a capital receipt

July 20, 2023 1053 Views 0 comment Print

ITAT Mumbai held that proceeds received by assessee-company carrying on business of power generation on sale of certified emission reduction credit (carbon credit) is a capital receipt and not business income.

Commission from Accommodation Entry to be Included in Total Income

July 20, 2023 1185 Views 0 comment Print

Analysis of the recent ITAT Mumbai judgment concerning Secunderabad Healthcare Ltd Vs CIT, focusing on the inclusion of commission earned from accommodation entry in the total income of the assessee.

Section 44AD/44AF apply to presumptive assessment & not apply to Companies

July 19, 2023 3492 Views 0 comment Print

The provisions of section 44AD/44AF of the Act apply only to presumptive assessment, where the turnover is Rs.40.00 lacs or less and not the cases, where turnover is more than that.

Reasons for reopening not provided – ITAT upholds quashing of order by CIT(A)

July 19, 2023 1671 Views 0 comment Print

A deep dive into the significant ruling of ITAT Mumbai in ITO Vs Asahi Infrastructure Projects Ltd case, exploring the issues related to the reopening of the assessment and non-genuine purchases, as per the guidelines set in the landmark GKN Driveshaft case.

No addition for On-Money Payments solely on statement of real estate developer

July 19, 2023 1758 Views 0 comment Print

The ITAT Mumbai case of Rajesh Prabhudas Parekh vs CIT(A), ITO is an insightful judgment on on-money payments in real estate transactions and the necessity of corroboration in such cases.

Rejection of books of accounts of corporate assessee cannot be done in light manner

July 19, 2023 786 Views 0 comment Print

ITAT Mumbai held that rejection of books of accounts of the assessee being a corporate assessee and subjected to statutory audits cannot be done in a light manner. Accordingly, matter remitted back to AO for re-adjudication.

Bogus Purchase – Sales turnover cannot be achieved without purchasing materials

July 19, 2023 6459 Views 0 comment Print

Explore the intricate details and implications of the ITAT Mumbai ruling in the ITO vs Mayur R. Kamdar case. Delve into the tax implications of alleged bogus purchases and understand how this landmark case has unfolded.

Addition of Notional Interest on Advances to Related Parties Unsustainable due to availability of sufficient interest free funds

July 18, 2023 2199 Views 0 comment Print

ITAT Mumbai held that addition of notional interest on advances to related parties (i.e. the directors and sister concern/related parties) unsustainable as the assessee has been able to substantiate availability of sufficient interest free funds.

Reopening of assessment before disposing of objections filed by assessee is unsustainable

July 18, 2023 1542 Views 0 comment Print

ITAT Mumbai held that reopening of assessment prior to disposing of the objections filed by the assessee is unsustainable and bad-in-law.

Mere Non-receipt of confirmation from sundry creditors cannot result into addition

July 17, 2023 2106 Views 0 comment Print

ITAT Mumbai held that non-receipt of confirmation from the sundry creditors under section 133(6) of the Income Tax Act cannot result into addition since parties are identified, transaction of purchase of land is accepted and reason for outstanding amount is explained.

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