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ITAT Mumbai

No section 270A penalty for addition on account of estimation of fair market value by Valuation Officer

May 9, 2024 1191 Views 0 comment Print

ITAT Mumbai rules penalty under Section 270A deleted as I-T authority failed to consider reasons for difference in sale consideration and stamp duty valuation.

ITAT confirms 12.5% gross profit margin on alleged bogus purchases

May 9, 2024 573 Views 0 comment Print

In DCIT Vs Nilesh Shantilal Tank case, Mumbai ITAT confirms 12.5% gross profit margin on alleged bogus purchases as sales remain undisputed. Full text of the order included.

Section 68 additions can be made in the year in which cash credit was received

May 8, 2024 906 Views 0 comment Print

Mumbai ITAT’s ruling in Vijay Suresh Dave Vs DCIT regarding addition of unexplained cash credit u/s 68. Detailed analysis of the case and conclusions.

Notional Interest Income Not Taxable under Real Income principle: ITAT Mumbai

May 7, 2024 2919 Views 0 comment Print

Mumbai ITAT ruling exempts notional interest credited as per accounting standards from taxation, citing real income principle. Details of ACIT vs Kesar Terminals and Infrastructure Ltd.

Bullion Purchases: LBMA Rates vs. KITCO and Reuters for ALP

May 6, 2024 255 Views 0 comment Print

ITAT considered the justification provided by the assessee, which referenced KITCO and Reuters databases for determining transaction prices. However, the Transfer Pricing Officer (TPO) argued that the London Bullion Market Association (LBMA) should be the primary source for estimating bullion trading prices.

Gross Profit Addition on Bogus Purchases should Align with Genuine Ones

May 6, 2024 738 Views 0 comment Print

ITAT held that if sales are not disputed and there is no discrepancy between purchases and declared sales, addition should be restricted to bring gross profit on alleged bogus purchases in line with other genuine purchases.

Adhoc Disallowance on Surmises Without Rejecting Books is unsustainable

May 6, 2024 651 Views 0 comment Print

ACIT Vs Merchant Agri Global Private Limited – Detailed analysis of Mumbai ITAT’s decision regarding adhoc disallowance of expenses without rejecting books of account. Full text of the order provided.

ITAT Mumbai taxed LTCG from Penny Stock ‘Essar (India) Ltd’

May 6, 2024 942 Views 0 comment Print

Shanno Mohammed Yusuf Warsi Vs ITO (ITAT Mumbai) The case of Shanno Mohammed Yusuf Warsi Vs Income Tax Officer (ITO) at the Income Tax Appellate Tribunal (ITAT) Mumbai revolves around the taxation of long-term capital gains (LTCG) from penny stock transactions, specifically involving shares of Essar (India) Ltd. The central question is whether the assessee […]

No addition u/s 68 as assessee had not benefited from Round-Tripping of Share Transactions

May 6, 2024 606 Views 0 comment Print

Assessee had issued share application money and subsequently allotted shares which showed that the transactions were genuine and there was no material brought on record by tax authorities that the assessee had benefited from round-tripping, therefore, ITAT had deleted the addition made u/s 68.

Post-filing Corrections to Form 35A cannot be treated as filed beyond time limit

May 5, 2024 432 Views 0 comment Print

ITAT found that the original Form 35A was filed within the stipulated time and ruled that the correction made thereafter should not be considered late.

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