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ITAT Mumbai

Section 11 exemption cannot be denied merely for delay in furnishing of Form 10B

January 1, 2023 8805 Views 0 comment Print

Exemption otherwise available to the assessee trust under section 11 cannot be denied merely on account of delay in furnishing of audit report in form 10B as required under section 12A(b) of the Act.

Section 80P deduction not allowed if Income Tax Return Filed after Due Date wef AY 2018-19

January 1, 2023 16314 Views 1 comment Print

Janki Vaishali Co-operative Housing Society Limited Vs CIT (Appeals)  (ITAT Mumbai) Undisputedly, assessee filed return of income on 24/12/2018 i.e. beyond the due date for filing return of income u/s. 139(1) of the Act for the Assessment Year 2018­19. The solitary reason for denying benefit of deduction u/s 80P of the Act is that the […]

Co-Op Society can Claim section 80P(2)(d) Deduction of Interest from Deposits in Co-Op Banks

January 1, 2023 1824 Views 0 comment Print

Ashoka Palace Co-op. Hsg. Soc. Ltd. Vs ITO (ITAT Mumbai) The issue whether interest income derived from deposits with cooperative banks is eligible for deduction under section 80P(2)(d) of the Act or not has been considered by Tribunal in catena of decisions. The Co-ordinate Bench in the case of Kaliandas Udyog Bhavan Premises Co-op Society […]

Tax Appeal not maintainable as same was not signed by IRP

January 1, 2023 696 Views 0 comment Print

Jet Airways (India) Limited Vs DCIT (ITAT Mumbai) According to the provisions of Section 140(c) of The Income Tax Act, in case of a company which has been referred to the insolvency resolution process of the insolvency and bankruptcy code, 2013 (31 of 2016) the return be verified by the insolvency resolution professional appointed by […]

Section 35(2AB): Cut of date mentioned in DSIT certificate is of no relevance

January 1, 2023 276 Views 0 comment Print

It is held that the cut of date mentioned in the certificate issued by the DSIR would be of no relevance. It is also held that what is to be seen is that the assessee was indulged on R & D activity and had incurred expenditure thereupon and once a certificate by DSIR is issued that would be sufficient to hold that the assessee fulfill the conditions laid down in the aforesaid provisions.

Keyman Insurance Policy premium is allowable business expenditure

January 1, 2023 1476 Views 0 comment Print

ITAT Mumbai held that a Keyman Insurance Policy provides for an insurance policy taken by a business organisation on the life of an employee and hence allowable as business expenditure.

TDS credit cannot be denied to Assessee for Non-Compliance by Deductor

January 1, 2023 783 Views 0 comment Print

Bulldog Media & Entertainment Pvt. Ltd. Vs CIT (Appeals) (ITAT Mumbai) We observed that assessee has disclosed the total figure of income in A.Y. 2018-19 itself but because of some problem at the end of deductor is not able to claim the full amount of TDS on income declared. Assessee claimed TDS of Rs. 10,14,722/-against […]

Section 50C amendment introduced vide Finance Bill 2016 is retrospective in nature

December 31, 2022 3354 Views 0 comment Print

ITAT Mumbai held that amendment to section 50C of the Income Tax Act stating that the value adopted or assessed or assessable by the stamp valuation authority on the date of agreement may be taken for the purpose of computing the full value of consideration for such transfer is retrospective in nature and effective from 1st April 2003.

ITAT quashed reopening of assessment initiated by AO merely based on information received from investigation wing

December 30, 2022 1863 Views 0 comment Print

Mumbai ITAT has quashed reopening of assessment under section 147 made by AO only on the basis of information received from report of investigation wing.

Guarantee commission not taxable in terms of India-Germany DTAA

December 29, 2022 1317 Views 0 comment Print

ITAT Mumbai held that transfer pricing adjustment on account of guarantee commission income is unsustainable in terms of India-Germany DTAA.

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