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Landmark Rulings

ITAT Mumbai — Direct Tax

2,432 rulings

  1. ITAT Mumbai · 03 Oct 2022
    In the present case, undisputedly, Assessee earned franchise fee in the course of its business, thus, the same was assessable as business income which can be set off against the brought forward business losses.

    Channel V Music Networks Ltd Vs Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30186 (ITAT-MUMBAI)

  2. ITAT Mumbai · 01 Oct 2022
    Assessee furnished various documents including cash book and bank statements for the whole year to explain the nature and source of cash deposits and three of the customers from whom amount was claimed to have been received by Assessee appeared before the Revenue confirming the payment.

    Jet Freight Logistics Limited Vs Commissioner of Income Tax Appeal (NFAC)

    (2022) TaxCorp(LJ) 30176 (ITAT-MUMBAI)

  3. ITAT Mumbai · 01 Oct 2022
    The interest income derived by a co-operative society by way of investment made with a co-operative bank is eligible for deduction under section 80P(2)(d).

    Palm Court M Premises Cooperative Society Limited Vs Principal Commissioner of Income tax

    (2022) TaxCorp(LJ) 30173 (ITAT-MUMBAI) · Section 80P

  4. ITAT Mumbai · 30 Sep 2022
    The ITAT has inherent powers of granting a stay on demand in fit and deserving cases, which is ancillary and incidental to its appellate powers.

    Hindustan Lever Limited Vs Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30165 (ITAT-MUMBAI)

  5. ITAT Mumbai · 29 Sep 2022
    Even if Assessee’s income remained Nil after the adjustments, such adjustments constitutes as requisite variation in the income returned by Assessee under Section 144C.

    J. P. Morgan India Investment Company Mauritius Limited Vs ACIT-3(1)(1)

    (2022) TaxCorp(LJ) 30157 (ITAT-MUMBAI)

  6. ITAT Mumbai · 29 Sep 2022
    The book value of the liability shown in the balance sheet has to be reduced for the purpose of valuation and determination of FMV of unquoted equity shares.

    Mystical Infaratech Pvt. Ltd Vs Income Tax Officer

    (2022) TaxCorp(LJ) 30155 (ITAT-MUMBAI) · Section 56(2)(viia)

  7. ITAT Mumbai · 24 Sep 2022
    Asssessee is directed to show the identity and creditworthiness of the subscribers of the share capital to examine the genuineness of the transaction.

    Glowshine Builders & Developers Pvt. Ltd Vs ITO

    (2022) TaxCorp(LJ) 30129 (ITAT-MUMBAI) · Section 68

  8. ITAT Mumbai · 24 Sep 2022
    Rule 128(9) provides that the statement in Form No. 67 and shall be furnished on or before the due date specified for furnishing the return of income under Section 139(1).

    Sonakshi Sinha Vs Commissioner of Income- tax (Appeals), National Faceless Appeal Centre (NFAC)

    (2022) TaxCorp(LJ) 30128 (ITAT-MUMBAI)

  9. ITAT Mumbai · 24 Sep 2022
    Assessee to be eligible to the benefits of indexation on entire cost of acquisition from the date of allotment of flats despite the fact that the payment was made in instalments subsequent to the date of allotment.

    Nitin Parkash Vs Dy. Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30124 (ITAT-MUMBAI)

  10. ITAT Mumbai · 20 Sep 2022
    Exceptional losses incurred by the Assessee amounting to Rs.95.69 Cr on account of certain trades of referred clients cannot be allowed as deduction.

    Aditya Birla Money Mart Limited Vs DCIT

    (2022) TaxCorp(LJ) 30099 (ITAT-MUMBAI)

  11. ITAT Mumbai · 17 Sep 2022
    CIT(A) is required to decide additional ground on merits even through the said ground was earlier rejected by PCIT under revisionary jurisdiction stipulated in Section 264.

    Granada Investments & Finance Pvt Ltd (Formerly known as M/s Granada Energy Systems Pvt Ltd) Vs Deputy Commissioner of Income-tax

    (2022) TaxCorp(LJ) 30079 (ITAT-MUMBAI)

  12. ITAT Mumbai · 16 Sep 2022
    All notices proposing to initiate any proceedings against the company in relation to the period prior to the CIRP Commencement Date and pending on that date, shall be considered non-est in law.

    Raj Rayon Industries Ltd Vs PCIT-3

    (2022) TaxCorp(LJ) 30070 (ITAT-MUMBAI)

  13. ITAT Mumbai · 14 Sep 2022
    Statements recorded during the course of search cannot be used on a standalone basis to make additions in the post-search assessments.

    Nilesh M. Agrawal Vs DCIT

    (2022) TaxCorp(LJ) 30061 (ITAT-MUMBAI) · Section 132(4)

  14. ITAT Mumbai · 10 Sep 2022
    Provision of Section 68 cannot be invoked where share subscription transaction are channeled through bank and wherein the identity and creditworthiness is established.

    Sejima Texyarn Pvt Ltd Vs ITO

    (2022) TaxCorp(LJ) 30041 (ITAT-MUMBAI) · Section 68

  15. ITAT Mumbai · 06 Sep 2022
    Revenue is direct to adopt the valuation of Rs 3,833/share computed on the basis of the fair market value of the net assets.

    Sushiladevi R Somani Vs Assistant Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30017 (ITAT-MUMBAI)

  16. ITAT Mumbai · 03 Sep 2022
    Assessee has not produced the receipts in case of donation of Rs.65.34 Lacs paid to Bharatiya Janata Party, but demonstrated the same through Assessee’s bank account.

    Lodha Developers Ltd. Vs The Dy. Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30008 (ITAT-MUMBAI)

  17. ITAT Mumbai · 02 Sep 2022
    Section 56(2)(viib) is not applicable to the present case, since the same is only relevant for issuance of shares to residents.

    Raw Pressery Private Limited (formerly known as Rakyan Beverages Pvt. Ltd.) Vs ACIT

    (2022) TaxCorp(LJ) 29995 (ITAT-MUMBAI)

  18. ITAT Mumbai · 01 Sep 2022
    CIT proceeded with an understanding that the profit attribution of a Fixed Place PE and Dependent Agent PE are in pari materia which has been specifically rejected in the binding judicial precedents stated above.

    MFE Formwork Technology Sdn Bhd Vs Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29988 (ITAT-MUMBAI)

  19. ITAT Mumbai · 01 Sep 2022
    There is a bonafide claim made by Assessee but under the wrong section and the said mistake is not a mistake which could only be corrected by filing a revising return.

    Armine Hamied Khan Vs Income Tax Officer

    (2022) TaxCorp(LJ) 29987 (ITAT-MUMBAI) · Sections 54, 54F

  20. ITAT Mumbai · 29 Aug 2022
    Deferred tax asset cannot be claimed as a deduction as revenue expenditure since it is not an actual expenditure.

    Sunny Vista Realtors Pvt. Ltd Vs The Dy. Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29971 (ITAT-MUMBAI)

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