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ITAT Mumbai

Matter Remanded – Reason: CIT(A) Abdicated Jurisdiction by Merely Endorsing DVO’s Report

November 19, 2025 426 Views 0 comment Print

ITAT ruled that the CIT(A) wrongly treated the DVO’s report as binding and failed to independently scrutinize comparables, methodology, and objections. Key takeaway: the first appellate authority must evaluate the DVO’s report on merits and issue a speaking order.

No Downward Adjustment Under 80IA Because CPP Transfer Valued Using SEB Consumer Tariff

November 19, 2025 597 Views 0 comment Print

The tribunal held that the State Electricity Board consumer tariff of ₹6.62/unit was the valid internal CUP for captive power transfer. Rejecting comparisons with generating companies, it ruled that no downward adjustment was required. The key takeaway is that actual SEB purchase rates can reliably determine market value for 80IA claims.

Failure to Consider Evidence Cannot Deny Section 54F/54EC Benefits: ITAT Mumbai

November 19, 2025 609 Views 0 comment Print

Tribunal upheld capital gains exemptions after finding that assessee had furnished proof of investments under sections 54F and 54EC. The ruling confirms that omission to consider evidence cannot justify denial of statutory relief.

Disallowance Upheld Due to AO’s Satisfaction: ITAT Confirms Rule 8D Application

November 19, 2025 360 Views 0 comment Print

Tribunal held that the AO had validly recorded dissatisfaction with the assessee’s 14A working and rightly invoked Rule 8D, confirming interest disallowance while remanding only the investment-averaging computation for Vireet-based recalculation.

1,370-Day Delay Not Condoned; Reliance on Consultant Not Sufficient Cause: ITAT Mumbai

November 19, 2025 645 Views 0 comment Print

ITAT Mumbai dismissed a tax appeal due to a 1,370-day delay, ruling that reliance on a tax consultant’s advice does not constitute sufficient cause for condonation. Case underscores strict adherence to limitation rules in tax proceedings.

Section 263 Not Invocable When AO Takes a Plausible View After Inquiry: ITAT Mumbai

November 19, 2025 588 Views 0 comment Print

The ITAT Mumbai held that Section 263 cannot be invoked when the Assessing Officer has taken a permissible view after inquiry. Revision order quashed, upholding reassessment.

VAT input credit shown only in the balance sheet cannot be taxed as income: ITAT Mumbai

November 19, 2025 429 Views 0 comment Print

The Tribunal held that VAT input credit shown only in the balance sheet cannot be taxed as income. It upheld deletion of VAT, commission, and notional interest additions, dismissing the revenue’s appeal.

Section 271(1)(c) Penalty Invalid Where Income is Determined on Presumptive Basis: ITAT Mumbai

November 19, 2025 651 Views 0 comment Print

The Tribunal found that the addition was inferential and lacked corroborative evidence of concealment. It concluded that penalty under section 271(1)(c) could not be sustained.

Addition set aside as Percentage of Completion Method on real estate accounting duly followed ICAI guidelines

November 18, 2025 873 Views 0 comment Print

ITAT Mumbai held that addition based on ad hoc method not justifiable since assessee followed Percentage of Completion Method for revenue recognition adhering to guidance note on Accounting of Real Estate Transactions issued by ICAI. Accordingly, appeal of assessee allowed.

Section 69 Addition Deleted as Property Investment Fully Funded from Foreign Salary

November 18, 2025 705 Views 0 comment Print

ITAT Mumbai ruled that non-resident investments sourced from foreign salary cannot be treated as unexplained income, deleting ₹2 crore addition under Section 69.

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