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We do not find any infirmity in the well reasoned order of ld.CIT(A) on the merits of the case. Hence, we uphold his order in this regard and revenue’s appeal stands dismissed.
ITO-6 (2) (2) , MUMBAI VERSUS M/S. KLEEM CONSULTANCY PVT. LTD. (FORMERLY KNOWN AS CRYSTAL ACQUA BOTTLING PVT. LTD.) AND (VICE-VERSA)
(2022) TaxCorp(LJ) 28448 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95762&Category=ITAT&CategoryType=Zip
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Under section 139(5) of the Income-tax Act, an assessee can file a revised return before the completion of assessment or within one year from the end of the respective assessment year whichever is earlier.
SHRI RAJESH DEVRAJ MEHRA VERSUS ITO-10 (1 (2) , MUMBAI
(2022) TaxCorp(LJ) 28438 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95743&Category=ITAT&CategoryType=Zip
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If the return of income is revised within the prescribed time it does not mean that revised return of income has to be accepted without there being proper reasons for the revision and its acceptability.
Ecohomes Township LLP Vs ACIT
(2022) TaxCorp(LJ) 28436 (ITAT-MUMBAI)
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The amount paid by the assessee to M/s Colo Colour Pvt Ltd is an expenditure in connection with transfer of a capital asset as per section 48(i) of the Act, hence is allowable.
SHRI MAHESH PRATAPSINGH ASHER VERSUS ACIT, CIRCLE-21 (2) , MUMBAI
(2022) TaxCorp(LJ) 28434 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95724&Category=ITAT&CategoryType=Zip
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Assessing officer is directed to delete the addition as it actually pertains to bad debts written off in the books of account.
ADA CELLWORKS WIRELESS ENGG PVT LTD VERSUS DY. COMMISSIONER OF INCOME-TAX- 15 (1) (1) , MUMBAI
(2022) TaxCorp(LJ) 28433 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95725&Category=ITAT&CategoryType=Zip
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Activity of running the planetarium for general public at normal rate and earning revenue from shows does not make the activity as non-charitable.
DCIT (E) – 2 (1) , MUMBAI VERSUS NEHRU CENTRE DISCOVERY OF INDIA BUILDING
(2022) TaxCorp(LJ) 28432 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95726&Category=ITAT&CategoryType=Zip
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Subsidies that are inseparably connected with the profitable conduct of the business and are incomes derived from the business, thus, eligible for deduction.
Tata Chemicals Limited Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 28427 (ITAT-MUMBAI) · Section 80-IB
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The determining test to qualify for exemption under Section 10(23C)(vi) lies in the final motivation on which the institution functions, regardless of what extraneous profit it may acquire in pursuit of same.
Sharda Mandir High school Vs The Commissioner of Income tax
(2022) TaxCorp(LJ) 28419 (ITAT-MUMBAI) · Section 10(23C)(vi)
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The legislature does not envisage any sort of valuation for the purpose of Section 68 and the addition made for premium received for AY 2012-13 is incorrect in law.
Confiance Trading Pvt. Ltd Vs ITO 6(2)(1)
(2022) TaxCorp(LJ) 28412 (ITAT-MUMBAI) · Section 56(2)(viib)
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There was no irregularity about the nature, source of such bank deposits, which was examined by the Revenue and thus provisions of Section 69A / 69B were wrongly applied.
Lohar Chawl Dawoodi Vs The Dy. Commissioner of Income Tax (EX) -1(1)
(2022) TaxCorp(LJ) 28411 (ITAT-MUMBAI)
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The CIT(E) has erred in exercising revisional jurisdiction on the ground that the AO has failed to make necessary enquiries with regard to the nature of investments made by the Assessee.
Sir Ratan Tata Trust Vs CIT (Exemptions)
(2022) TaxCorp(LJ) 28410 (ITAT-MUMBAI)
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Mere filing of SLP in the Hon’ble Supreme Court would not disturb the legal issue settled by the Hon’ble Bombay High Court.
D.Y. Patil Educational Academy Vs DCIT 2(1)(2)
(2022) TaxCorp(LJ) 28405 (ITAT-MUMBAI)
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We are in agreement with the findings of the Assessing Officer and we sustain the addition proposed by the Assessing Officer.
ACIT – 31 (1) , MUMBAI VERSUS M/S. ECOHOMES TOWNSHIP LLP
(2022) TaxCorp(LJ) 28400 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95642&Category=ITAT&CategoryType=Zip
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Assessee has not earned any exempt income during the year, therefore no disallowance can be made u/s. 14A of the Act when assessee has not earned any exempt income.
ACIT – CIRCLE – 3 (1) (2) , MUMBAI VERSUS M/S. EIPR INDIA PVT. LTD.
(2022) TaxCorp(LJ) 28399 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95643&Category=ITAT&CategoryType=Zip
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Summary dismissal of Revenue’s SLP against Delhi HC ruling is not a decision on law and cannot be treated as a binding precedent under Article 141 of the Constitution.
Dilip J Thakkar Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 28385 (ITAT-MUMBAI)
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Mauritian companies seem to be special purpose vehicles and with available material taking a prima facie call on their bona fideand genuineness was not possible.
Raykan Beverages Pvt Ltd Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 28384 (ITAT-MUMBAI)
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Non filing of return for proper period and not in appropriate status is not at all a procedural mistake, it is quite substantial mistake.
Achal Housing LLP Vs ACIT
(2022) TaxCorp(LJ) 28358 (ITAT-MUMBAI)
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There was no liability to deduct tax at source since no income was chargeable to the recipient.
Viacom 18 Media Private Limited Vs ACIT
(2022) TaxCorp(LJ) 28355 (ITAT-MUMBAI)
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Difference in the ready reckoner rate and the sale consideration was within the 5% tolerance band and hence needs to be ignored.
Spenta Enterprises Vs ACIT
(2022) TaxCorp(LJ) 28353 (ITAT-MUMBAI) · Section 43CA
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The payment made by the assessee towards face value of the meal vouchers to the affiliates are not in the nature of payment made towards works contract so as to fall within the provision of section 194C, therefore demand raised under section 201(1) and 201(1A) are deleted.
SODEXO SVC INDIA PVT. LTD. VERSUS ASSISTANT/DEPUTY COMMISSIONER OF INCOME TAX (TDS) -2 (2) , MUMBAI
(2022) TaxCorp(LJ) 28350 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95533&Category=ITAT&CategoryType=Zip
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