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ITAT Mumbai

Ex-Parte Order: ITAT Reinstates Appeal to CIT(A) amid Covid & Software Issues

June 30, 2023 651 Views 0 comment Print

Read the full text of the ex-parte order issued by ITAT Mumbai in the case of Smt. Dakuben Saremalji Sancheti Nadol Charitable Trust vs National Faceless Appeal Centre (NFAC). The order reinstates the appeal to CIT(A) for assessment year 2020-21, considering Covid and software issues.

ITAT Mumbai Rules on Duplicate Appeals in NFAC & Levies Cost on Department

June 30, 2023 372 Views 0 comment Print

ITAT Mumbai declares that National Faceless Appeal Centre (NFAC) cannot adjudicate appeals already disposed of by CIT(A). This landmark ruling also directed the Department to bear the litigation cost. Read our analysis here.

Section 143(1)(a)(iv) attracted as fact reported by tax audit report is indicative of disallowance

June 29, 2023 2040 Views 0 comment Print

ITAT Mumbai held that the disclosure made by the tax auditor in audit report in Form 3CD about the ‘Details of contributions received from employees for various funds as referred to in section 36(1)(va)’ would now become indicative of a disallowance, hence provisions of section 143(1)(a)(iv) of the Act would get attracted.

Addition unsustainable as three ingredients engraved in section 68 proved

June 29, 2023 1593 Views 0 comment Print

ITAT Mumbai held that addition unsustainable as assessee has proved the three ingredients engraved in section 68 of the Act and proved the satisfactory nature of the loan transactions. On the otherhand, AO has not brought any contrary material to show that loan received is bogus or accommodation entries.

Transfer pricing adjustment @0.6% as arm’s length rate for corporate guarantee fee directed

June 28, 2023 1341 Views 0 comment Print

ITAT Mumbai’s decision in case of DCIT vs KEC International Limited, where a 0.6% arm’s length rate was established for corporate guarantee fees, influencing future transfer pricing adjustments.

Membership fees paid for key person of company is allowable as business expenditure

June 28, 2023 6639 Views 0 comment Print

ITAT Mumbai ruled that membership fees paid for a key person of a company are allowable as business expenditure. The case involved the disallowance of club membership fees paid to Cricket Club of India.

Interest subsidy under technology upgradation fund scheme is capital receipt

June 28, 2023 930 Views 0 comment Print

ITAT Mumbai ruled that the interest subsidy received under the technology upgradation fund scheme is considered a capital receipt, even if it is credited against interest expenditure in the books of account.

Ignorance of Tax Law for Partnership Income Not A Reasonable Excuse for Late ITR Filing

June 27, 2023 1674 Views 0 comment Print

Ignorance of tax obligations on income earned from a partnership doesn’t excuse late filing of Income Tax Returns. ITAT Mumbai upholds Section 271F penalty in a recent case involving an advocate and his late ITR filing.

Non-Resident: Unsustainable Section 69 Addition for Investment in India

June 27, 2023 2568 Views 0 comment Print

ITAT Mumbai held that addition u/s 69 of the Income Tax Act unsustainable as the assessee being non-resident, income has been invested in India and not arisen in India.

PF Contribution Deadline: 15 Days from Month-end for Salary Earned

June 27, 2023 3261 Views 0 comment Print

ITAT Mumbai held that the employer has to remit both the contributions (employee’s contribution and employer’s contribution) to the Provident Fund within 15 days from the close of the month for which the employees earned their salary i.e., Salary payable.

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