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ITAT Mumbai

Corporate Guarantee facility provided to overseas AE is international transaction

July 31, 2023 681 Views 0 comment Print

ITAT Mumbai held that Corporate Guarantee facility provided to overseas AE by the assessee is an international transaction and hence addition towards Arm’s Length Guarantee Fee confirmed.

ITAT Allows Deduction u/s. 80JJAA: Revised Return Categorization Mistake corrected

July 31, 2023 1344 Views 1 comment Print

ITAT Mumbai allows the claim of deduction u/s. 80JJAA for the assessment year 2020-21, as the taxpayer had filed the original return of income on time. The claim was initially denied due to an error in categorizing the revised return as an original return.

Delay in filing cross objection without plausible explanation cannot be condoned

July 30, 2023 684 Views 0 comment Print

Read the detailed analysis of ITAT Mumbai’s decision on DCIT Vs ICICI Bank Ltd., addressing disallowance of exempt income, inordinate delay, and the crucial role of interest-free funds.

Passing of final assessment order u/s 144C(13) without draft assessment order is unlawful

July 29, 2023 2436 Views 0 comment Print

ITAT Mumbai held that assessing officer passed final assessment order u/s 144C(13) r.w.s 143(3) without passing a draft assessment order u/s 144C(1), said order being violative of provisions of Sec. 144C(1) deserved to be set aside.

Order passed in name of non-existing amalgamated company quashed

July 28, 2023 780 Views 0 comment Print

ITAT Mumbai held that where assessee company was amalgamated with another company and thereby lost its existence, assessment order passed subsequently in name of said non-existing entity, would be without jurisdiction and liable to be set aside.

Pharmacy Store Income Incidental to dominant object of running Hospital- Not Taxable

July 28, 2023 1953 Views 0 comment Print

ITAT Mumbai held that twin conditions as set out in section 11(4A) of the Income Tax Act are satisfied and income accrued from Pharmacy store is incidental to the dominant object of running Hospital. Hence, addition towards profits earned from Pharmacy Store not taxable.

Assessment Order Null if AO fails to Follow Section 144C Procedure During draft assessment order Stage

July 28, 2023 3990 Views 0 comment Print

In the case of Brightstar Infrastructure Pvt. Ltd. vs. ACIT, the ITAT Mumbai allowed the appeal, declaring the final assessment order void due to failure to comply with mandatory procedure u/s 144C of the Income Tax Act.

ITAT Allows Deduction for NPS Bad Debts Declared Pre-01.04.2006 by Co-op Bank

July 28, 2023 642 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Mumbai dismisses the Revenue’s appeal and allows bad debts declared as Non Performing Assets (NPS) before 01.04.2006 as a deduction under section 36(1)(vii) of the Income Tax Act for Abhyudaya Co-op Bank Limited for AY 2012-13.

ITAT Mumbai: Interest Receivables Treated as Loan to AE, TP Adjustment Confirmed

July 25, 2023 1461 Views 0 comment Print

ITAT Mumbai held that TPO rightly treated interest receivables as a loan outstanding given by assessee to its Associated Enterprises (AE) and charging interest on the same.

Capital gain tax inadvertently paid by wife needs to be refunded & recovered from assessee

July 22, 2023 7233 Views 0 comment Print

ITAT Mumbai held that capital gain tax inadvertently paid by the wife needs to be refunded with interest and the same needs to be recovered from the assessee as the same transaction cannot be charged to tax twice.

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