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ITAT Mumbai

Small Stamp Duty Variations Cannot Trigger Section 56(2)(vii)(b) Deemed Income

January 19, 2026 471 Views 0 comment Print

The issue involved taxing a marginal valuation difference on property purchase. The Tribunal deleted the addition as the variation was below the statutory tolerance threshold. The decision confirms that minor deviations alone cannot be treated as taxable income.

ITAT Mumbai Deletes Section 14A Disallowance as No Expenditure Was Claimed

January 19, 2026 441 Views 0 comment Print

The case examined whether disallowance under section 14A could be made when no expenditure relating to exempt income was claimed. The Tribunal held that unclaimed expenses cannot be disallowed. The ruling reinforces that section 14A applies only to deductions actually claimed.

ITAT Mumbai Upholds 8% Presumptive Income on Demonetisation Cash Deposits

January 19, 2026 435 Views 0 comment Print

The dispute involved taxability of large cash deposits made during demonetisation. The appellate authority granted relief for deposits in regular notes while sustaining the balance as unexplained income. The Tribunal upheld this approach, finding it consistent with law and facts.

Belated Return Not a Bar to Section 115BAA Concessional Tax: ITAT Mumbai

January 19, 2026 468 Views 0 comment Print

The issue was whether a late return under section 139(4) bars the concessional 22% tax regime. The Tribunal held that timely filing of Form 10IC is sufficient and the benefit cannot be denied on technical grounds.

Wrong Clause in Form 10AB Is a Curable Technical Defect: ITAT Restores 12AB Registration

January 19, 2026 396 Views 0 comment Print

The Tribunal held that selecting an incorrect clause in Form 10AB is a technical defect. Charitable registration cannot be denied when all substantive requirements are satisfied.

Existing Trust Not Hit by 6-Month Rule: ITAT Mumbai Revives 12AB & 80G Applications

January 19, 2026 984 Views 0 comment Print

The Tribunal held that the six-month timeline under section 12A(1)(ac)(iii) does not apply to existing trusts. Final registration cannot be rejected merely on alleged delay.

Shooting Location Receipts: ITAT Sends Back House Property vs Business Income Issue

January 19, 2026 327 Views 0 comment Print

The Tribunal held that additions treating shooting location receipts as house property income were premature. Authorities were directed to re-examine the claim after considering all relevant documents.

No TDS on Transponder Charges Under India-UK DTAA as Payment Not Royalty: ITAT Mumbai

January 19, 2026 291 Views 0 comment Print

The dispute examined whether satellite transponder charges paid to a foreign entity constituted royalty requiring tax deduction at source. The Tribunal held that such payments were not royalty under the India–UK DTAA, as there was no use of a secret process or transfer of rights. Consequently, no withholding tax obligation arose under section 195

ITAT Grants Indexed Cost Benefit in JDA for Land and Constructed Area Rights

January 19, 2026 510 Views 0 comment Print

The Tribunal held that rights received under a joint development agreement are not free but exchanged for land. Indexed cost must therefore be allowed while computing capital gains.

Section 68 Addition Cannot Be Sustained Without Proper Evaluation: ITAT Mumbai

January 19, 2026 396 Views 0 comment Print

The Tribunal ruled that once additional evidence is admitted, the appellate authority must adjudicate it on merits. Absence of a speaking order required the matter to be remanded for fresh consideration.

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