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Since there was not an iota of doubt that the material being referred by the AO for making the addition was not found and seized during search, jurisdiction assumed by the AO is invalid.
Luxora Infrastructure Vs DCIT
(2022) TaxCorp(LJ) 28703 (ITAT-MUMBAI)
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The Revenue failed to make detailed enquiries as to the fair market rates and has not made any comparables with regard to prevailing market rate
Zee Fabrics Inc. Vs ACIT
(2022) TaxCorp(LJ) 28700 (ITAT-MUMBAI)
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There is nothing to question the bonafides of the AO or to elaborate as to what should constitute appropriate evidence.
Reliance Payment Solutions Limited Vs Principal Commissioner of Income Tax-8
(2022) TaxCorp(LJ) 28698 (ITAT-MUMBAI) · Section 263
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The payments are not in the nature of royalty within the meaning of Article 12 of the India-USA DTAA, therefore the disallowance under Section 40(a)(i) is being deleted.
Taj TV Limited Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 28679 (ITAT-MUMBAI)
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Since the loan amount has been held by us as genuine, the corresponding interest payment made thereon after subjecting the same to TDS compliances, deserves to be allowed.
Agripure Tradeware Private Limited Vs Income Tax Officer
(2022) TaxCorp(LJ) 28672 (ITAT-MUMBAI) · Sections 68, 133(6)
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Assessee filed certain evidence which were earlier not available to the Assessee in view of the acrimonious legal proceedings, thus, if given one more opportunity, the Assessee will cooperate in expeditious disposal and submit all the required information.
Naurang Godavari Entertainment Ltd Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 28667 (ITAT-MUMBAI)
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Considering the explanation provided by the assessee, it could not be said that it is a fit case for imposition of penalty.
Subhash Shah And Associates Architects Pvt. Ltd Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 28655 (ITAT-MUMBAI)
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Once a possible view has been taken by the ld AO, his order cannot be termed as erroneous warranting revision proceedings u/s 263 of the Act.
Grasim Industries Ltd Vs Principal Commissioner of Income Tax
(2022) TaxCorp(LJ) 28654 (ITAT-MUMBAI)
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Where certain disallowances have been dropped, it cannot be said that the assessment has been completed as per the draft order without there being further hearing, directions, or application of mind.
Galaxy Surfactants Limited Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 28653 (ITAT-MUMBAI) · Section 144C(3)
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The income in question is treaty-protected inasmuch as it cannot be taxed in the hands of the assessee, in India, by virtue of Article 22(1) of the Indo Mauritius tax treaty.
Morgan Stanley Mauritius Co Ltd Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 28628 (ITAT-MUMBAI)
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The two partners have disclosed the share of their sale consideration as LTCG without any cost and if very same sale consideration is taxed in the hands of assessee, would only result in double taxation.
Rajesh Pratap Ved Vs DCIT-13(3)(1)
(2022) TaxCorp(LJ) 28627 (ITAT-MUMBAI)
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Assessee though acquired certain intangible assets while acquiring business, the assessee did not claim it as deduction.
Covestro India Private Limited Vs Asst. CIT CIR 1
(2022) TaxCorp(LJ) 28624 (ITAT-MUMBAI)
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The CIT(A) recorded a finding based on evidence that money was transferred to HSBC Geneva out of the income earned in Abu Dhabi and savings made over the years since 1976 and thus appeal is dismissed.
Ganpat Singhvi Vs DCIT(IT)
(2022) TaxCorp(LJ) 28621 (ITAT-MUMBAI)
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Assessee could not be treated as assessee-in-default and thus, revenue is directed to delete the demand of tax and interest.
Nadiadwala Grandson Entertainment Pvt Ltd. Vs ITO (TDS)
(2022) TaxCorp(LJ) 28617 (ITAT-MUMBAI) · Sections 192, 194J
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It was not the case of absolute non-appearance since the Assessee furnished the requisite details on learning about the assessment proceedings.
Triumph International Finance India Limited Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 28602 (ITAT-MUMBAI) · Section 272A(1)(d)
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Taxability of sum in bank account in Dubai is beyond Revenue’s jurisdiction as the Assessee is an NRI.
Sandeep Dhirajlal Dhakan Vs ITO(IT)-2( 1)( 1)
(2022) TaxCorp(LJ) 28601 (ITAT-MUMBAI)
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Any excess expenditure incurred by trust/charitable institution in earlier assessment year would be allowed to be set off against income of subsequent years by invoking section 11 of the Act.
M/S. NAVAJBHAI RATAN TATA TRUST VERSUS ADDL. DIRECTOR OF INCOME TAX (EXEMP.) RANGE–II, (NOW ASSESSED BY THE ASSTT. COMMISSIONER OF INCOME TAX CIRCLE–17 (2) , MUMBAI)
(2022) TaxCorp(LJ) 28583 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=96046&Category=ITAT&CategoryType=Zip
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Nowhere it was mentioned that the funds received as consideration from sale of original asset must be utilized for the purchase of the new residential house and thus assessee is eligible for benefit under Section 54.
Reji Easow Vs Income Tax Officer
(2022) TaxCorp(LJ) 28576 (ITAT-MUMBAI) · Section 54
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CIT(A) was not justified in sustaining the addition for expenses not claimed as deduction.
Breach Candy Swimming Bath Trust Vs DCIT
(2022) TaxCorp(LJ) 28575 (ITAT-MUMBAI)
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No addition can be made in respect of unabated assessments which have become final in absence of any incriminating material found during search.
Vipul Suresh Kumar Modi Vs DCIT
(2022) TaxCorp(LJ) 28572 (ITAT-MUMBAI)
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