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ITAT Mumbai

Matter resorted to find out specification of term ‘every month’ in clause 38 of EPF scheme

May 25, 2023 2103 Views 0 comment Print

ITAT Mumbai resorted back the matter to AO with direction to find out from the relevant PF authorities about the term every month as mentioned in Clause 38 of the Employees Provident Fund Scheme (EPF Scheme).

TDS not deductible on payment of compensation to Cricket South Africa

May 24, 2023 993 Views 0 comment Print

ITAT Mumbai held that the payment of compensation to CSA (Cricket South Africa) under the Termination Agreement is also not taxable under the provisions of the India-South Africa DTAA. Since the payment is not chargeable to tax in India in the hands of CSA, therefore, there is no obligation on the assessee to deduct tax at source under section 195 of the Act.

Chapter X cannot be invoked for making TP adjustment in case of AMP expenses

May 23, 2023 774 Views 0 comment Print

ITAT Mumbai held that provisions of Chapter X cannot be invoked for making a TP adjustment in case of Advertisement, marketing and promotion (AMP) expenses.

Maharashtra State Board of Technical Education would fall under definition of ‘state’ as per Article 12

May 18, 2023 1044 Views 0 comment Print

ITAT Mumbai held that the Maharashtra State Board of Technical Education (MSBTE) would fall under the definition of state as per Article 12 of the Constitution of India.

Penalty u/s 271(1)(c) not sustained as concealment or furnishing inaccurate particulars not proved

May 17, 2023 2262 Views 0 comment Print

ITAT Mumbai held that penalty u/s 271(1)(c) of the Income Tax Act unsustainable as entire addition is made on estimation basis and at no point of time it is proved that assessee has concealed the particulars of income or has furnished inaccurate particulars of income.

Disallowance u/s. 14A of Income Tax Act cannot exceed exempt income

May 17, 2023 1917 Views 0 comment Print

ITAT Mumbai held that disallowance made under section 14A of the Income Tax Act cannot extent exempt income earned by the assessee. Accordingly, AO is directed to restrict the disallowance u/s. 14A to the extent of exempt income.

Manual final assessment order without containing DIN is unsustainable in law

May 17, 2023 2973 Views 0 comment Print

ITAT Mumbai held that issuance of manual final assessment order without containing DIN (Document Identification Number) is deemed to have never been issued. Accordingly, the impugned order is unsustainable in law.

Section 80G Registration cancellation- ITAT allows one more opportunity on principles of natural justice

May 16, 2023 4029 Views 0 comment Print

Explore the case of Dr. Shivajirao Jondhale Research Foundation vs CIT (ITAT Mumbai), where the tribunal remanded the issue of registration under section 80G back to the Commissioner of Income Tax Exemption for fresh consideration, citing principles of natural justice.

Section 153A cannot be invoked if escaped income is not represented “in the form of asset”

May 16, 2023 2373 Views 0 comment Print

AO not shown that alleged income escaped for assessment is represented in the form of an asset. What is assessed in this year u/s 153A of the Act is the addition towards alleged bogus purchases and disallowance of salary/professional fee u/s 37 of the Act.

Section 35(1)(ii) donation allowed as registration of Institute was valid on donation date

May 15, 2023 3042 Views 0 comment Print

Ravindra K Reshamwala Vs DCIT (ITAT Mumbai) ITAT Mumbai held in favour of assessee with a reason that on the date of giving donation, the registration of the institute was valid u/s 35(1)(ii) granting approval. So deduction for donation can not be disallowed. FULL TEXT OF THE ORDER OF ITAT MUMBAI This appeal filed by […]

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