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ITAT Mumbai

Property from ‘Will’ eligible for cost indexation from first owner’s acquisition date

March 23, 2023 3876 Views 0 comment Print

Mumbai ITAT holds that while computing capital gains arising on transfer of a capital asset received by the Assessee under a will, the indexed cost of acquisition has to be computed with respect to the year in which the first owner held the asset

Cash deposited in account of Assesee already taxed in the hands of his employer – No addition in the account of Employee

March 20, 2023 1689 Views 0 comment Print

Vikas Sharma Vs ITO (ITAT Mumbai) ITAT held that if the cash deposited in assessee’s bank account has already been taxed in the hands of M/s. Kareem’s Hospitality Pvt. Ltd (employer of assessee) or in the hands of the director of the assessee company Mr. Kareem Dhanani then no addition is warranted in the hands […]

ITAT allows Depreciation on Car against Income of Hired Cars

March 20, 2023 3087 Views 0 comment Print

Transindia Freight Services Pvt. Ltd Vs DCIT (ITAT Mumbai) ITAT held that going by the principle of consistency in the stand taken by the Revenue in earlier as well as subsequent assessment years in scrutiny assessment proceedings, we hold that the income received from car rental of Rs.6,00,000/- is to be assessed as “income from […]

Order passed in variation of procedures prescribed u/s 144B is non-est and bad-in-law

March 20, 2023 7644 Views 0 comment Print

ITAT Mumbai held that the assessment order passed in variation of the procedures prescribed u/s. 144B of the Income Tax Act would render the assessment order as non est.

‘Marked to market loss’ not being notional loss is allowable expenditure

March 20, 2023 2469 Views 0 comment Print

ITAT Mumbai held that that the ‘marked to market loss’ is not a notional loss and is, therefore, allowable expenditure.

Current profit not to be included in accumulated profit to determine deemed dividend

March 20, 2023 1038 Views 0 comment Print

ITAT Mumbai held that while determining the amount of deemed dividend under Explanation 2 to Section 2(22)(e) of the Income Tax Act, the current profit is not to be included to be part of accumulated profit.

Remuneration received for providing legal service not amount to ‘fees for technical services’

March 18, 2023 2949 Views 0 comment Print

Linklaters LLP Vs Asst  Vs CIT (IT)-3(1)(2) Mumbai (ITAT Mumbai) ITAT Mumbai held that remuneration received for providing legal services doesn’t amount to ‘fees for technical services’, where the provisions of section 9(1)(vii) of the Act is not applicable. Accordingly, the same is not taxable. Facts- The assessee is a LLP incorporated under the laws […]

Addition unsustainable on AO being failed to provide any evidence of cash sales

March 18, 2023 1362 Views 0 comment Print

ITAT Mumbai held that when assessee submits the sales to be fictitious sales, the onus is on AO to prove that such sales were cash sales as claimed by him. Addition unsustainable as AO failed to provide any evidence of cash sales.

Section 56(2)(x) not attracted to trust created for benefit of members/relative of settler identified as beneficiaries

March 18, 2023 4638 Views 0 comment Print

ITAT Mumbai held that provisions contained in section 56(2)(x) of the Income Tax Act are not attracted in case of the trust created for the benefit of the members / relatives of the settler who have been identified as beneficiaries.

Reference to DVO for correct fair market value mandatory if requested by assessee

March 16, 2023 3927 Views 0 comment Print

ITAT Mumbai held that even after request from assessee to refer DVO for correct fair market value of the subject property, AO was duty-bound to refer the same to DVO. Accordingly, matter remanded back with a direction to refer the matter to DVO and decide the issue.

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