ITAT Mumbai Judgments — August 2018

The Tribunal upheld the CIT(A)'s order, finding that a valid partnership firm existed and the amount received by the assessee was for his retirement from the firm, not for relinquishment of individual rights in property. Therefore, it was not taxable as capital gains.

The Tribunal found that the CIT(A) had not considered the additional evidence submitted by the assessee. Therefore, the matter was remitted back to the CIT(A) for fresh adjudication.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn, noting that they involved a tax effect below the specified monetary limit. The Revenue was granted liberty to file Miscellaneous Applications for cases wrongly included.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal dismissed the disallowance of interest on late TDS and internet charges. It allowed the repair and maintenance of software license and consultancy charges. The addition for bogus purchases was partly allowed by reducing the profit rate, and the deletion of exhibition expenses was upheld.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal upheld the CIT(A)'s order, following previous decisions, and confirmed the deletion of disallowance of interest expenses. It also deleted the disallowance under Section 14A for book profit computation, relying on a Special Bench decision.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn due to the low tax effect. It also allowed the Revenue to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal held that the donations collected were not necessarily in violation of Section 13 and that the assessee had fulfilled the application of income requirements for charitable purposes. The Tribunal followed the Bombay High Court's decision in a similar case.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal held that the donations collected were not necessarily in violation of Section 13 and that the assessee had fulfilled the application of income requirements for charitable purposes. The Tribunal followed the Bombay High Court's decision in a similar case.

The Tribunal held that adjustments for unutilized Modvat credit should be made to both opening and closing stock, and set aside the issue to the AO for necessary adjustments. Regarding capital expenditure on brand 'Epilex', the Tribunal followed a co-ordinate bench's decision and deleted the enhancement.

The Tribunal held that the donations collected were not necessarily in violation of Section 13 and that the assessee had fulfilled the application of income requirements for charitable purposes. The Tribunal followed the Bombay High Court's decision in a similar case.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal confirmed the CIT(A)'s decision to restrict the disallowance to 12.5% of the bogus purchases. The Tribunal found that the profit rate applied by the CIT(A) was appropriate.

The Tribunal agreed with the Revenue's submission that the tax effect in the captioned appeals did not exceed the monetary limit. Therefore, the appeals were dismissed as withdrawn.

The Tribunal restored the appeal to the file of the Assessing Officer for denovo adjudication. The Assessing Officer was directed to consider the additional evidences and decide the issues afresh after providing an opportunity of hearing to the assessee.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal held that since no incriminating material was found during the search and the assessment was unabated, the addition under section 68 was not sustainable. The CIT(A)'s deletion of the addition was confirmed.

The Tribunal held that since no incriminating material was found during the search and the assessment was unabated, the addition under section 68 was not sustainable. The CIT(A)'s deletion of the addition was confirmed.

The Tribunal held that 5% of exempt income should be added towards expenditure incurred in relation to earning exempt income. It also ruled that disallowance for liaisoning charges paid to non-residents for services rendered outside India was not applicable, and upheld the deletion of estimated income on advances received as the assessee followed the percentage completion method.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn, noting that the tax effect in these cases did not exceed the specified monetary limit. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or covered by exceptions.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal restored the issue to the AO for fresh examination, allowing the assessee one more opportunity to furnish details proving that the claim does not result in double deduction. The AO was directed to pass a fresh order after considering the provided details.

The Tribunal found a nexus between the borrowing from Axis Bank and the repayment of earlier loans, disagreeing with the lower authorities. It directed the AO to allow the interest deduction in proportion to the investments in the two buildings.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's contention that the appeals should be dismissed as withdrawn due to the low tax effect. It also granted liberty to the Revenue to file Miscellaneous Applications for cases wrongly included.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. The Revenue was granted liberty to file Miscellaneous Applications for cases that were inadvertently included or met exceptions to the circular.

The Tribunal agreed with the Revenue's submission and dismissed the appeals as withdrawn. It also granted liberty to the Revenue to file Miscellaneous Applications for cases that were wrongly included or where the tax effect exceeded the limit.