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ITAT Mumbai

Disallowance of set off of brough forward loss sustained as return filed beyond time limit

January 5, 2023 2580 Views 0 comment Print

ITAT Mumbai held as books of accounts of assessee are not need to be audited hence return of income has to be filed on or before 31st July As return filed beyond time limit disallowance of set off of brought forward loss sustained.

ICAI guidance for calculating turnover in case of derivatives is valid

January 5, 2023 21672 Views 0 comment Print

Validity of the ICAI guidance for calculating the turnover in case of derivatives has been reiterated by various judicial precedence. ICAI as an expert body of accountants and guidance note on tax audit issued by them can be relied upon in absence of any statutory provision for computation of turnover in such cases.

Non-compete fee taxable under business income

January 4, 2023 5475 Views 0 comment Print

ITAT Mumbai held that the amount of non-compete fee is taxable under section 28(va) of the Income Tax Act under the head ‘Income from Business & Profession’.

ITAT upheld disallowance of expenditure not proved/supported by relevant bills

January 4, 2023 1212 Views 0 comment Print

Print Plus Private Limited Vs ITO (ITAT Mumbai) Brief facts is that the AO noticed from perusal of Tax Audit Report that the appellant/assessee had paid remuneration to directors amounting to Rs. 23,26,200/-. However, it was noticed that an amount of Rs.36,00,600/- was debited to Profit & Loss account instead of Rs. 23,26,200/-. On a […]

Deemed Dividend – ITAT allows appellant to submit additional evidences before AO

January 3, 2023 630 Views 0 comment Print

Sanjay Subhashchand Gupta Vs DCIT (ITAT Mumbai) Assessee contended that the impugned amounts were taken for the purpose of business activities of the company and the advance of Rs.14,44,730/- from M/s. Rustogi Logistic Pvt. Ltd. and Rs.3,35,38,660/- from M/s. Rustogi Projects Private Limited and the same was received as business advances. The ld. AR further […]

No penalty on addition based on estimated rate of profit applied on turnover

January 3, 2023 1338 Views 0 comment Print

ITO Vs Pritesh Mafatlal Shah (ITAT Mumbai) Hon’ble Delhi High Court in the case of CIT Aero Traders Pvt. Ltd., [322 ITR 316] wherein the Hon’ble High Court affirmed the order of the Tribunal in holding that estimated rate of profit applied on the turnover of the assessee does not amount to concealment or furnishing […]

Interest on funds borrowed for business project is allowable u/s 36(1)(iii)

January 3, 2023 858 Views 0 comment Print

ITAT Mumbai held that the interest paid on such borrowing is allowable under section 36(1)(iii) of the Income Tax Act as the funds were borrowed for the purpose of construction project.

Deduction u/s 24 available for interest on loan of leased part of building

January 2, 2023 927 Views 0 comment Print

ITAT Mumbai held that interest on loan in respect of leased portion of the building is eligible for deduction u/s 24 of the Income Tax Act and accordingly cannot be allowed as work-in-progress.

Interest on income tax refund taxable under Article 11(2) of India- Malaysia DTAA

January 2, 2023 948 Views 0 comment Print

Assessing Officer is directed to tax interest on income tax refund under Article 11(2) of India- Malaysia DTAA and not as Business Income

ITAT allows section 10A Deduction on Income From Design Charges

January 2, 2023 492 Views 0 comment Print

Appellant has been able to establish that income by way of Design Charges are in the nature of business income as the same are inherently connected with the business of export of jewellery undertaken by Unit-II of the Appellant, and therefore, the same must be included in business income for the purpose of computing deduction under Section 10A of the Act.

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