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ITAT Mumbai

Invocation of revisional jurisdiction u/s 263 on mere conjectures, suspicions and surmises, is impermissible

February 17, 2023 864 Views 0 comment Print

ITAT Mumbai held that initiated revision jurisdiction under section 263 of the Income Tax Act on mere conjectures, suspicions and surmises, is not permissible in law.

Start-up company incurring cost for branding prior to product launch is allowable expenditure

February 17, 2023 678 Views 0 comment Print

ITAT Mumbai held that a start-up company incurring cost for branding of the company and other relevant expenditure which creates popularity which helps promotion of contents at the time of its product launch is allowable expenditure.

Section 263 notice issued to a person after his death is invalid

February 17, 2023 1131 Views 0 comment Print

Where notices were issued to assessee under Section 263 after his death notice could not have been validly served upon assessee, therefore, said notices are invalid and liable to quash. Assessment order framed under dead person is also liable to be quashed.

Interest paid on loan for acquiring commercial property is fully deductible

February 16, 2023 12957 Views 1 comment Print

ITAT Mumbai held that entire interest paid on loan for acquiring commercial property is allowable as deduction. Restriction as provided in 2nd proviso to section 24(b) is not applicable. Hence, the amount of loss under the head ‘income from house property’, which is not set off against the income under the other head of income be allowed to be carried forward as per provisions of section 71B of the Act.

Section 54 Exemption- Allotment Letter date can be treated as Acquisition date

February 16, 2023 3216 Views 0 comment Print

Allotment letter by builder is date of acquisition of property as period of holding for determining whether capital asset is a long-term or a short-term

ITAT allows foreign tax credit as assessee submitted letter by Tax authorities

February 16, 2023 498 Views 0 comment Print

Ashok Madhav Rao Vs ADIT (ITAT Mumbai) In this case only reason why the foreign tax credit was denied to the assessee is that the assessee submitted the certificate of his employer and without submitting any detail of the payment of taxes in Netherlands. Now, we find that claim of the assessee is now supported […]

TDS u/s 194C not deductible on security charges as it involves only supply of manpower

February 15, 2023 25980 Views 0 comment Print

ITAT Mumbai held that security charges involve supply of manpower only and the same does not involve carrying on of any work. Accordingly, provisions of section 194C are not attracted for expenses claimed as security charges. Hence, disallowance u/s 40(a)(ia) unjustified.

Unexplained Difference in amount specified in Form 26AS & returns – ITAT upheld addition

February 15, 2023 993 Views 0 comment Print

Assessee failed to establish difference amount specified in Form 26AS and returns despite several opportunities – ITAT upheld addition

Revisionary power u/s 263 not invocable as facts already examined by AO

February 15, 2023 753 Views 0 comment Print

ITAT Mumbai held that revisionary power under section 263 of the Income Tax Act is not invocable for taking second opinion by Pr. CIT as the facts were already examined by AO.

Denial of foreign tax credit merely for delay in filing Form No. 67 is unjustifiable

February 14, 2023 1695 Views 2 comments Print

ITAT Mumbai held that mere delay in filing of Form No. 67 cannot preclude the assessee from claiming the benefit of foreign tax credit in respect of tax paid outside India.

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