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ITAT Mumbai

Penalty u/s. 271(1)(c) not sustained as notice failed to specify particular limb: ITAT Mumbai

August 27, 2024 306 Views 0 comment Print

ITAT Mumbai held that notice issued u/s. 274 r.w.s. 271(1)(c) of the Income Tax Act without specifying the particular limb is unsustainable in law. Accordingly, the penalty imposed u/s. 271(1)(c) is not sustainable.

ITAT Mumbai Deletes Section 11(1A) Disallowance on Sale Consideration Investment

August 26, 2024 240 Views 0 comment Print

ITAT Mumbai deletes disallowance of capital gains by DCIT after confirming investment in property with Charity Commissioner approval. Appeal dismissed.

Addition u/s. 69A and 68 without finding any fault with evidence is unlawful: ITAT Mumbai

August 26, 2024 549 Views 0 comment Print

ITAT Mumbai held that confirmation of addition u/s. 69A and 68 of the Income Tax Act without finding any fault with the evidence submitted justifying the transaction is totally unlawful and accordingly liable to be set aside.

Co-operative credit society providing credit facilities only to its members not hit by section 80P(4): ITAT Mumbai

August 23, 2024 267 Views 0 comment Print

The assessee is a co–operative credit society, registered under Maharashtra co–operative society Act, 1960 and is engaged in providing credit facilities to those CIDCO employees who are members of credit society.

No Income Tax Additions based On Generalised Investigation Wing Report: ITAT Mumbai

August 19, 2024 867 Views 0 comment Print

ITAT Mumbai dismisses income tax additions for AY 2014-15, stating reliance on a generalized report without independent inquiry is insufficient.

Interest Income Linked to Business, cannot be treated as other income

August 19, 2024 3273 Views 0 comment Print

ITAT Mumbai dismisses Revenue’s appeal, upholds CIT(A) decision to delete addition of interest income from fixed deposits in Evita Construction Pvt. Ltd. case.

Liquidation Process Bars Income Tax Proceedings: ITAT Rules Appeals Premature

August 19, 2024 171 Views 0 comment Print

ITAT Mumbai upholds moratorium under IBC, barring legal proceedings against Mercator Ltd during liquidation. Appeals dismissed in limine.

No Section 56(2)(x) addition if Market Value Difference Is Within 10% tolerance limit

August 18, 2024 639 Views 0 comment Print

ITAT Mumbai grants relief to Tarun Mohan Jani, ruling that property valuation difference within 10% tolerance limit doesn’t warrant addition under Section 56(2)(x).

Penalty u/s. 271(1)(c) not sustained in absence of intention to conceal income: ITAT Mumbai

August 16, 2024 831 Views 0 comment Print

ITAT Mumbai held that penalty u/s. 271(1)(c) of the Income Tax Act not imposable in absence of wilful intention on the part of the assessee to conceal income since all the errors in original return was rectified vide revised return.

Jurisdiction of ITAT tied to location of AO who issued original assessment order

August 16, 2024 483 Views 0 comment Print

ITAT’s jurisdiction in ACIT Vs Bank of Baroda case is determined by the location of the Assessing Officer. Appeals should be filed where the original assessment was made.

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