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ITAT Mumbai

Foreign tax credit eligible as form no. 67 filed before processing return

September 9, 2023 1644 Views 0 comment Print

ITAT Mumbai held that as Form No. 67 has been filed by the Appellant before the processing the return of income under Section 143(1) of the Income Tax Act, foreign tax credit is duly eligible.

ITAT Mumbai Restores Set-Off Dispute: STCG vs. Non-STT Short-Term Capital Loss

September 9, 2023 645 Views 0 comment Print

Delve into the Prem Naraindas Raney Vs DCIT (ITAT Mumbai) case to understand the complexities surrounding the set-off of short-term capital loss against gains under section 70 and 71 of the Income Tax Act, 1961.

ITAT Directs AO to Share Information on 32,855 Beneficiaries of Accommodation Entries

September 6, 2023 11658 Views 0 comment Print

In a significant ruling, ITAT directs the AO to share crucial information about 32,855 beneficiaries involved in accommodation entry schemes, uncovering a massive money laundering operation

Deduction u/s 57 available only when it is established that expense is expended wholly and exclusively for earning income

September 6, 2023 3642 Views 0 comment Print

D D & Co. Vs ACIT (ITAT Mumbai) ITAT Mumbai held that for claiming deduction u/s. 57 of the Income Tax Act, it is important to establish that the expenditure is laid out or expended wholly and exclusively for the purpose of making or earning such income. Accordingly, matter remanded to consider the movement in […]

DSIR Forms 3CM & 3CL Not Required for section 35(1)(i) Tax Deduction: ITAT Mumbai

September 5, 2023 1653 Views 0 comment Print

Analysis of the ITAT Mumbai ruling in FDC Limited Vs PCIT. Find out why ITAT quashed the revision order concerning Form 3CM, Form 3CL, and deductions under section 35(1)(i) of the Income Tax Act.

AO Can’t Make Tax Addition Based on Mere DDIT Suspicion Without Evidence

September 5, 2023 999 Views 0 comment Print

An in-depth analysis of ITAT Mumbai’s landmark decision in the case of ITO vs Kamalesh Mohandas Lakhwani. Explore why mere suspicion isn’t enough for additions under Section 69B of the Income Tax Act.

Exemption u/s. 54 unjustified as benefit claimed on different document and later transaction completed differently

September 5, 2023 789 Views 0 comment Print

ITAT Mumbai held that assessee claimed benefit u/s 54 on a different document, whereas ultimately the transaction completed on altogether a different set of conditions and property, which is not permissible to claim benefit u/s. 54 of the Act. Accordingly, benefit u/s. 54 denied.

Demat Transactions via Registered Broker Not ‘Unexplained Income’ u/s 68

September 5, 2023 2535 Views 0 comment Print

Analyzing ITAT Mumbai’s landmark ruling in the case of ITO Vs Sanjay Mahabir Maheshka that deems income from share sales via Demat account as not Unexplained Income under section 68.

Charitable Trust Registration rejection without Application of Mind is Unsustainable

September 5, 2023 6447 Views 1 comment Print

A detailed analysis of ITAT Mumbai ruling in Surti Modh Vanik Jagruti Mandal Vs ITO (E). Learn why ITAT found CIT(E) rejection of the trust unsustainable.

No Section 271(1)(c) Penalty if AO’s Addition Lacks Jurisdiction

September 5, 2023 441 Views 0 comment Print

DCIT Vs Milan Kavinchandra Parikh (ITAT Mumbai) Introduction: The Income Tax Appellate Tribunal (ITAT) Mumbai recently delivered a pivotal judgment in the case between the Deputy Commissioner of Income Tax (DCIT) and Milan Kavinchandra Parikh. The judgment raises key questions surrounding the jurisdiction of penalties levied under section 271(1)(c) of the Income Tax Act, 1961. This […]

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