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ITAT Mumbai

Composite rental income for letting out school building with infrastructure and amenities taxable under house property

June 27, 2023 1095 Views 0 comment Print

ITAT Mumbai held that composite rental income received by letting out school building with infrastructure and amenities is taxable under the head ‘Income from House Property’ and not under ‘Income from income from other sources’ in view of section 56(2)(ii) of the Income Tax Act.

CIT(A) cannot enhance assessment on a ground that is not a subject of rectification order

June 27, 2023 855 Views 0 comment Print

Explore the Ahmednagar Investments Pvt. Ltd. vs DCIT case where the ITAT Mumbai rejected the claim of LTCG under section 10(38) due to the non-submission of documents, subsequently quashing the order.

Section 115BBE doesn’t apply when matter doesn’t involve section 68, 69, 69A, 69B, 69C & 69D

June 27, 2023 729 Views 0 comment Print

ITAT Mumbai held that addition u/s 115BBE of the Income Tax Act unsustainable as present case doesn’t involve invocation of any of the sections i.e. section 68, 69, 69A, 69B, 69C & 69D of the Income Tax Act.

Ambiguity of charge sufficient to vitiate Section 271(1)(c) Penalty proceedings

June 27, 2023 621 Views 0 comment Print

A deep dive into ITAT Mumbai’s ruling in I.G. International Pvt Ltd Vs ACIT, underscoring the importance of unambiguous notices under section 271(1)(c) of the Income Tax Act, 1961.

Addition u/s 68 towards unexplained cash credit unsustainable as cash sales already reflected in P&L

June 26, 2023 4761 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act towards unexplained cash credit unsustainable as cash proceeds already reflected in Profit & Loss account, hence addition u/s 68 will amount to double taxation.

Deduction of unamortized brokerage claimed via revised return is allowable

June 25, 2023 462 Views 0 comment Print

ITAT Mumbai held that deduction of unamortized brokerage expenses claimed through revised return of income is duly allowable.

Interest paid u/s 201(1A) on late payment of TDS is penal in nature

June 25, 2023 2067 Views 0 comment Print

ITAT Mumbai held that disallowance of interest expenditure paid u/s. 201(1A) of the Income Tax Act on late payment of TDS is penal in nature and not compensatory.

Mistake apparent from record, constitutes a rectifiable mistake under section 254(2): ITAT Mumbai

June 25, 2023 480 Views 0 comment Print

A detailed analysis of the decision made by the Income Tax Appellate Tribunal (ITAT) Mumbai in the case of Ambuja Cements Limited Vs ACIT. The Tribunal allowed rectification of a mistake apparent from the record under section 254(2) of the Income Tax Act, 1961

Erroneous reporting of payment dates of EPF Contribution by Auditor, ITAT directs re-adjudication

June 25, 2023 306 Views 0 comment Print

Dive into the Ernst & Young Merchant Vs ACIT case, where ITAT Mumbai assessed an error in the tax auditor’s report concerning provident fund contributions, and understand its implications on taxation law.

Director’s education expenditure disallowed on failure to establish direct relationship with business activity

June 25, 2023 567 Views 0 comment Print

ITAT Mumbai held that disallowance of Director’s education expenditure u/s 37(1) of the Income Tax Act sustained as assessee failed to prove such expenditure had direct relationship with the business activity. Accordingly, assessee failed to prove that expenditure were incurred wholly and exclusively for business.

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