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Thrusting of percentage completion method upon by the Revenue is not sustainable.
Trident Estate Private Ltd Vs ITO-13( 3)( 4)
(2022) TaxCorp(LJ) 28871 (ITAT-MUMBAI) · Section 43CB
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PCIT merely recorded 'yes, I am satisfied' and it cannot regarded as a valid satisfaction as it does not reflect due application of mind of the sanctioning authority before granting satisfaction.
Bharti Axa Life Insurance Company Ltd Vs ACIT
(2022) TaxCorp(LJ) 28869 (ITAT-MUMBAI) · Section 151
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Non-consideration of decisions would not make the order erroneous which would call for any interference in u/s 254(2).
Gateway Terminals India Pvt Ltd Vs DCIT
(2022) TaxCorp(LJ) 28867 (ITAT-MUMBAI)
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Sec 11(7), which restricts the availability of exemption u/s 10 (34) to Charitable trusts, came into effect only from April 01, 2015 whereas the subject AY dealt with in this case is AY 2013-14.
Shishir Bajaj Charitable Trust Vs Income Tax Officer-17(3)(3)
(2022) TaxCorp(LJ) 28866 (ITAT-MUMBAI) · Sections 10(34), 11
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Since assessment order is completed after making due enquiries, revision proceedings cannot be initiated.
Tata Realty and Infrastructure Limited Vs Principal Commissioner of Income tax-2
(2022) TaxCorp(LJ) 28865 (ITAT-MUMBAI)
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In certain circumstances, income of the discretionary trust shall be assessed to tax as AOP.
Mamania Family Trust Vs ACIT
(2022) TaxCorp(LJ) 28862 (ITAT-MUMBAI) · Section 2(31)
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The advances/deposits made during the regular course of business, which later became irrecoverable eventually leading to write off of the same would only be a regular business loss under Section 28.
Yatra Online Private Limited Vs PCIT (Central)
(2022) TaxCorp(LJ) 28861 (ITAT-MUMBAI)
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Agreement was entered only with the objective to ensure that excessive competition does not erode its profitability and business growth.
Unilever India Export Limited Vs The Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 28851 (ITAT-MUMBAI)
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ITAT - Forex gain arising from repayment of personal loan given on capital account and not in the course of business to be treated as capital receipt not chargeable to tax.
Aditya Balkrishna Shroff Vs Income Tax Officer
(2022) TaxCorp(LJ) 28849 (ITAT-MUMBAI)
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A particular capital receipt which is not taxable right from its inception would not enter the computation of income at all, whether it is computed under normal provisions of the Act or u/s.115JB of the Act.
Gujarat Pipavav Port Limited Vs Income Tax Officer
(2022) TaxCorp(LJ) 28817 (ITAT-MUMBAI)
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Revenue could not controvert the observations of the CIT(A) with any new cogent material or information.
Olivia Impex Pvt Ltd Vs DCIT
(2022) TaxCorp(LJ) 28801 (ITAT-MUMBAI) · Section 195
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When it is clear that the said Director has management control, the corporate veil has to be lifted and concurs with the application of Section 13(3).
Media Research Users Council Vs Addl. DIT(E)– 1(1)
(2022) TaxCorp(LJ) 28785 (ITAT-MUMBAI)
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Sufficient funds were available with the Assessee, making Section 69C inapplicable to the instant case.
Seven Jewels Vs Asstt. Commissioner of Income Tax
(2022) TaxCorp(LJ) 28752 (ITAT-MUMBAI) · Section 69C
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Capital gain on sale of parking space attached to the property is a long term gain in the form of improvement of asset.
Anjan Shivraju Prakash Vs Income-tax Officer
(2022) TaxCorp(LJ) 28750 (ITAT-MUMBAI)
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In absence of any evidence that the speedboat was used for business purpose, the other financial parameters such as turnover, number of dealerships etc. were of no relevance.
Great White Goal P. Ltd Vs The Asst. CIT-CC7(2)
(2022) TaxCorp(LJ) 28746 (ITAT-MUMBAI)
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In the instant case, Assessee was aware that Facebook, Ireland was a non-resident and thus payment made to it was outside the purview of TDS.
Play Games 24X7 Private Limited Vs DY. CIT
(2022) TaxCorp(LJ) 28736 (ITAT-MUMBAI) · Section 195(2)
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A request for a detailed order can by no stretch of imagination be considered to be a rectification of mistake apparent from record.
GE Capital Services India and Others Vs ITO
(2022) TaxCorp(LJ) 28733 (ITAT-MUMBAI)
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A mere non-disclosure of a foreign asset in the income tax return, by itself, is not a valid reason for a penalty under the BMA.
Leena Gandhi Tiwari Vs Additional Commissioner of Income Tax
(2022) TaxCorp(LJ) 28726 (ITAT-MUMBAI)
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The Revenue’s adoption of fair value for making the addition is not in accordance with the provisions and was righty deleted by the CIT(A).
Kilitch Healthcare India Ltd Vs DCIT-6( 3)( 2)
(2022) TaxCorp(LJ) 28725 (ITAT-MUMBAI) · Section 56(2)(viib)
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Non-jurisdictional HC rulings do not bind ITAT on law in all the situations, particularly when Explanation below Section 149(3) was not considered by Delhi HC which has explicitly been relied upon by the Revenue in the present case.
Mitali R. Lakhanpal Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 28704 (ITAT-MUMBAI)
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