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ITAT Mumbai

TDS in case of ESOP is deductible at time option is exercised and shares are allotted to employees

September 28, 2023 2196 Views 0 comment Print

ITAT Mumbai held that TDS is not deductible at the time of grant of ESOP but is deductible at the time of option is exercised by employees of the assessee and shares are allotted to the employees.

Addition u/s. 56(2)(viib) by rejection of valuation determined by assessee without referring to DVO unjustified

September 28, 2023 1221 Views 0 comment Print

ITAT Mumbai held that addition towards difference of share premium u/s. 56(2)(viib) of the Act by rejecting the valuation determined by the assessee without referring the matter for valuation to DVO is unjustified. Matter remanded for referring the same to DVO.

Technical know-how fee falling under category of royalty eligible for deduction u/s. 80-O

September 27, 2023 573 Views 0 comment Print

ITAT Mumbai held that technical know-how fee received by the assessee falls under the category of royalty as defined in Section 80-O of the Income Tax Act and hence is eligible for deduction u/s. 80-O of the Income Tax Act, 1961.

Revisionary proceedings u/s 263 justified as order passed without proper inquiry and verification

September 27, 2023 549 Views 0 comment Print

ITAT Mumbai held that initiation of revisionary proceedings u/s 263 of the Income Tax Act justified as assessment order was passed by AO without proper inquiry and verification with regard to claim of deduction u/s. 80IA(4).

Deduction u/s. 80G available on corpus contribution to donee relating to CSR activities

September 25, 2023 4944 Views 0 comment Print

ITAT Mumbai held that deduction u/s 80G of the Income Tax Act duly available irrelevant of the fact that corpus contribution to the donee relates to the CSR activities.

Benefit u/s 35(2AB) available on expenditure on clinical trials outside approved in-house R&D facility

September 23, 2023 3558 Views 0 comment Print

ITAT Mumbai held that the benefit under section 35(2AB) of the Income Tax Act is also available in respect of expenditure on clinical trials outside the approved in-house R&D facility.

Disallowance of expenditure u/s 14A unjustified without any dividend income from equity investment

September 22, 2023 369 Views 0 comment Print

ITAT Mumbai held that since the assessee has not earned any dividend income from its equity investment during the year disallowance of expenditure under section 14A of the Income Tax Act read with Rule 8D of the Income Tax Rules is not sustainable.

ITAT Orders Rs 25,000 Cost Deposit in PM Relief Fund for Assessee’s Non-Compliance

September 22, 2023 603 Views 0 comment Print

Read about ITAT’s decision to direct Tera Naturals Resources Pvt. Ltd. to deposit Rs 25,000 in PM Relief Fund due to non-compliance behavior during appellate proceedings.

ITAT Invalidates Reopening of Assessment after 4 Year with Approval of JCIT

September 21, 2023 5772 Views 0 comment Print

The ITAT Mumbai invalidates reopening of assessment after 4 years with the approval of Joint Commissioner in the case of Maiden Marketing India Private Limited. Learn the detailed analysis of this decision.

Mechanical Approval U/S 153D Vitiates Assessment: ITAT Mumbai

September 21, 2023 1077 Views 0 comment Print

ITAT Mumbai’s landmark decision: Mechanical approval under Section 153D of the IT Act vitiates assessments, making them liable to be quashed.

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