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ITAT Mumbai

Disallowance u/s. 14A while computing book profit u/s. 115JB not justifiable: ITAT Mumbai

December 21, 2024 306 Views 0 comment Print

ITAT Mumbai held that there is no relation of disallowance u/s. 14A while computing the book profit u/s. 115JB. Thus, lower authorities were not correct in adding notional expenditure as computed u/s. 14A and increasing the book profit by that sum u/s. 115JB.

Transfer Price of Goods Sold via AE Allowed Based on ‘Other Method’ Instead of CUP

December 20, 2024 228 Views 0 comment Print

ITAT Mumbai allows Transfer Pricing determination for Rallis India Ltd. using the ‘Other Method’ instead of CUP. Key points on ALP adjustments and deductions.

Reopening bad-in-law since AO unaware about exact nature of income which escaped assessment

December 20, 2024 8421 Views 0 comment Print

As noticed earlier, the provisions of sec. 147 of the Act makes it mandatory that the AO should be clear about the alleged escapement of income while recording reasons for reopening of assessment.

Indexation Benefit Admissible for Assets held in foreign countries: ITAT Mumbai

December 20, 2024 4050 Views 0 comment Print

ITAT Mumbai held that benefit of cost inflation index admissible as per second proviso to section 48 of the Income Tax Act. Accordingly, indexation benefit admissible even in respect of assets held in foreign countries.

Notice issued u/s. 148 after period of six years for AY 2015-16 is barred by limitation: ITAT Mumbai

December 19, 2024 30933 Views 0 comment Print

ITAT Mumbai held that validity of notice issued under section 148 of the Income Tax Act for AY 2015-16 is six year which expires on 31.03.2022. Accordingly, notice issued on 29.07.2022 u/s. 148 is barred by limitation.

Industrial unit to be treated separately and independently for computation of deduction u/s. 80-IB

December 18, 2024 156 Views 0 comment Print

The stand of the assessee was that it was not necessary that loss of one industrial undertaking should necessarily be adjusted against the profit of another eligible industrial undertaking.

ITAT Dismisses Appeal with Option to Reinstate if VSV Application Rejected

December 18, 2024 354 Views 0 comment Print

ITAT Mumbai dismisses the appeal of Veermata Jijabai Technological Institute under Direct Tax Vivad Se Vishwas Scheme for AY 2017-18.

No Penalty for Minor/Inadvertent Errors in Reporting Foreign Assets in Tax Returns

December 18, 2024 1626 Views 0 comment Print

ITAT Mumbai rules on ACIT vs Rohit Krishna, dismissing penalties under Section 43 of the Black Money Act for non-reporting of foreign assets in tax returns.

Addition of gift received from son solely relying on unverified newspaper unsustainable: ITAT Mumbai

December 17, 2024 309 Views 0 comment Print

ITAT Mumbai held that addition u/s. 68 towards amount received as gift from son not justified since addition is made in a baseless manner, solely relying on unverified newspaper reports. Accordingly, appeal of revenue dismissed.

Reopening Based on Internal Audit Memo Unsustainable Before Section 148 Amendment: ITAT Mumbai

December 12, 2024 498 Views 0 comment Print

ITAT Mumbai held that the internal audit memo is outside the scope and ambit of the term “information” as provided in Explanation 1 to section 148 of the Act, prior to its amendment by the Finance Act, 2022. Accordingly, reopening of proceedings liable to be quashed.

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