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ITAT Mumbai

Reopening on incorrect assumption of fact is invalid, hence subsequent revision order u/s 263 bad-in-law

March 16, 2023 2550 Views 0 comment Print

ITAT Mumbai held that as entire reasons for reopening were recorded by incorrect assumption of facts, accordingly, reopening was invalid and bad-in-law. Hence, subsequent invocation of revisional jurisdictional under section 263 of the Income Tax Act is untenable in law.

ITAT allows cash payment made to volunteers for drug analysis

March 14, 2023 897 Views 0 comment Print

Panexcell Clinical Lab Pvt. Ltd. Vs ACIT (ITAT Mumbai) ITAT find that the assessee is in the business of drug analysis, clinical trials, and other research activities and as part of the said business, the assessee does lab study of various drugs before their launch in the market. As per the assessee, for the purpose […]

Distribution of samples of infant milk substitutes, feeding bottles etc. is prohibited under law

March 13, 2023 909 Views 0 comment Print

ITAT Mumbai held that distribution of samples of infant milk substitutes, feeding bottles and infant foods is prohibited under section 4 of Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992. Accordingly, the same is not allowable as business expenditure.

Bogus Purchase: No Penalty if Addition was on Estimated Basis

March 13, 2023 3393 Views 0 comment Print

ITAT held that penalty u/s. 271(1)(c) on Bogus purchase addition cannot be levied where addition was made on estimated basis.

Rental income from giving out commercial properties for compensation as per MOA is business income

March 11, 2023 4284 Views 0 comment Print

ITAT Mumbai held that rental income from giving out commercial properties for compensation as per Memorandum of Association (MOA) is to be treated as ‘business income’ and not as ‘income from house property’.

ITAT directed JET to pay cost for failure to comply with various notices issued by lower authorities

March 10, 2023 594 Views 0 comment Print

ITAT Mumbai held that assessee going through resolution process has failed to comply with various notices issued by lower authorities. Accordingly, it is directed to give one last opportunity to present their case before AO. Assessee is also directed to pay the cost for being delinquent before lower authorities.

Deposit of employee’s contribution to PF after due date not allowable as deduction u/s 36(1)(va)

March 9, 2023 6171 Views 0 comment Print

ITAT Mumbai held that deposit of employee’s contribution to provident fund after the due date prescribed under the relevant statue is not allowable as deduction under section 36(1)(va) of the Income Tax Act.

Justified claim of assessee cannot be denied by appellate authority by citing procedure as a tool

March 9, 2023 927 Views 0 comment Print

ITAT Mumbai held that as and when the CPC has erred while processing the return of an assessee which causes tax liability on an assessee, then lawfully the appellate authorities should not cite procedure as a tool/ruse to deny the just claim of an assessee.

Deduction u/s. 54F available as nexus sale of gold jewellery & purchase of flat established

March 9, 2023 1764 Views 0 comment Print

ITAT Mumbai held that deduction under section 54F of the Income Tax Act duly available as nexus between sale of gold jewellery and purchase of flat duly established.

No section 271B Penalty as failure to furnish return was due to ignorance & misguidance

March 9, 2023 2364 Views 0 comment Print

ITAT Mumbai held that assessee furnished the return of income and audit report only after issuance of notice under section 148 of the Income Tax Act. Accordingly, penalty under section 271B of the Income Tax Act not leviable as failure was due to ignorance and misguidance.

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