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ITAT Mumbai

TDS not deductible by Uber India for payment made to driver partners under Uber App

May 15, 2023 2673 Views 0 comment Print

ITAT Mumbai held that TDS not deductible by Uber India in respect of payment made to driver partners on behalf of Uber BV for the transportation services.

Same income cannot be taxed in the hands of two persons

May 15, 2023 4407 Views 0 comment Print

ITAT Mumbai held that once whole income i.e. LTCG from sale of joint property purchased is brought to tax in the hands of assessee’s wife and claim is granted by the Coordinate bench, the same income cannot be taxed in the hands of the assessee.

Section 112(1)(c)(iii) overrides General Capital Gain computation Provisions for non-residents

May 13, 2023 15123 Views 0 comment Print

Legatum Ventures Limited Vs ACIT (ITAT Mumbai) ITAT held that capital gains arising on the sale of unlisted shares by a non-resident has to be computed only by reference to the provisions of Section 112(1)(c)(iii) of the Income Tax Act, 1961 without cognizance to the provisions under Section 48 of the Act. From the perusal […]

Section 263 can be invoked if no specific inquiry by AO against CBS expenses

May 13, 2023 381 Views 0 comment Print

State Bank of India Vs PCIT-2 (ITAT Mumbai) ITAT note that the AO during the assessment proceedings had requested the assessee to furnish explanation in respect of such items of expenses and receipt appearing in the trading accounts and profit and loss accounts (either by way of excess or reduction) in comparison to last year. […]

Assessment order passed u/s 143(3) beyond time limit prescribed u/s 153 is time barred

May 13, 2023 3486 Views 0 comment Print

ITAT Mumbai held that assessment order passed u/s 143(3) beyond time limit prescribed under section 153 of the Income Tax Act is time barred and bad in law.

Forfeited share capital is Capital Receipt & not taxable under section 56(2)(ix)

May 13, 2023 3771 Views 0 comment Print

Mangal Credit and Fincorp Ltd. Vs DCIT (ITAT Mumbai) In the instant case, the assessee has received money on issuing share capital in the form of exercise of rights in share warrants. The share capital so collected by the assessee is not in the course of negotiations for transfer of capital asset. The shares so […]

Foreign insurance policy not declared in return- Bonafide mistake – Penalty deleted

May 13, 2023 1002 Views 0 comment Print

Addl. CIT Vs Tejal Ashish Mehta (ITAT Mumbai) The assessee has furnished a copy of Income Tax return for assessment year 2016-17. A perusal of the same shows that in Schedule – EI, wherein the assessee was required to declare exempt income, the assessee has duly reflected the maturity value of the insurance policy. The […]

AO cannot treat donation given as Bogus without conducting any inquiry

May 11, 2023 3171 Views 0 comment Print

Ravindra K. Reshamwala Vs DCIT (ITAT Mumbai) It could be seen that the assessee had given donation on 21/06/2004 against valid receipt issued by the Trust. The donation was made through cheque which got cleared from assessee’s bank account. The assessee was issued requisite Form No.58A by the trust. The trust had valid registration at […]

Foreign tax credit against form 67 filed before completion of assessment is duly allowable

May 10, 2023 2778 Views 0 comment Print

ITAT Mumbai held that foreign tax credit duly available even if form no. 67 is filed along with the revised return as the form is filed before the completion of the assessment.

Revisional jurisdiction u/s 263 not invocable merely because PCIT may entertain different view

May 10, 2023 312 Views 0 comment Print

ITAT Mumbai held that AO took the plausible view of granting the benefit of mutuality after due application of mind. Accordingly, revisional jurisdiction u/s 263 cannot be invoked merely because PCIT may entertain a different view in the matter.

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