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ITAT Mumbai

ITAT deletes Section 272A(2)(k) penalty for delay in filing TDS statement due to lack of Professional assistance

January 12, 2023 6273 Views 0 comment Print

Assessee explained that delay in filing TDS return is due to his negligence, non-awareness of importance of filing TDS return & lack of Professional assistance

Section 80P deduction cannot be denied for delay in filing auditors report

January 12, 2023 1824 Views 0 comment Print

ITAT held that when assessee filed return of income well before due date, but due to inadvertence, not filed independent auditor’s report, which it has filed later on, the claim of assessee /- under section 80P(2)(d) of Income-tax Act, 1961, if otherwise admissible, cannot be denied.

Commodity transactions in regular course of business are not speculative transaction

January 10, 2023 2637 Views 0 comment Print

ITAT Mumbai held that commodity transactions carried out as regular business transaction cannot be treated as speculative transaction. Accordingly, the loss incurred from the same is treated as normal business loss.

Penalty u/s 271(1)(c) leviable as incomes not offered to tax with intention to evade tax

January 9, 2023 6051 Views 0 comment Print

ITAT Mumbai held that penalty under section 271(1)(c) of the Income Tax Act is leviable as incomes were not offered to taxation with a dishonest intention to conceal the income and evade tax.

Payment for consultancy service provided by university is exempt u/s. 10(23C)

January 9, 2023 1182 Views 0 comment Print

ITAT Mumbai held that exemption under Section 10(23C) of the Income Tax Act is available to the payments received for consultancy services provided by university.

Lease rent for vehicle used by employees is revenue in nature

January 8, 2023 5364 Views 0 comment Print

ITAT Mumbai held that lease rental paid in respect of the vehicles used by its employees is revenue in nature and allowable as deduction.

Revisional order u/s 263 not invocable if AO duly applied his mind

January 8, 2023 804 Views 0 comment Print

ITAT Mumbai held that revisional order u/s 263 cannot be invoked if Assessing Officer has conducted enquiries and applied his mind and has taken a possible view of the matter.

Disturbing concluded assessment in search assessment without incriminating material is untenable

January 6, 2023 861 Views 0 comment Print

Held that in respect of concluded assessments, the earlier assessment completed should not be disturbed in the search assessments without existence of any incriminating material.

CIT(E) cannot Impose Conditions on his own While granting Section 80G Registration

January 6, 2023 1206 Views 0 comment Print

CIT(E) lacked jurisdiction to impose any conditions on his own (other than what is stipulated in law) while granting approval under section 80G of Income Tax Act

Matter set aside as facts not examined properly by lower authorities

January 5, 2023 228 Views 0 comment Print

ITAT Mumbai set aside the matter for fresh adjudication as none of the aspects and the relevant facts have been properly looked into and examined by the lower authorities

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