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Search results for: ITAT Mumbai

Mumbai ITAT's Order in the Case of Western Industrial Co-operative Estate Limited Vs. DCIT Circle 32(1)

ITAT Mumbai: Rent Earned from Co-operative Society’s Admin Building Taxable as House Property Income

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that a co-operative society earned a rental income from letting out its administrative building is assessable under the head “Income from House Property” and not as “Income from Other Sources.” The matter was heard by a Bench comprising Vice President Saktijit Dey and […]

Mumbai ITAT's Order in the Case of Oceaneering International GmbH vs. DCIT (International Taxation)

ITAT Mumbai: GST Collected by Non-Resident Assessee Excluded from Gross Receipts for Computing Presumptive Income U/S 44BB

The Income Tax Appellate Tribunal (ITAT), Mumbai, has delivered an important ruling on the treatment of Goods and Services Tax (GST) for non-resident taxpayers. According to the tribunal’s decision, GST collected by a non-resident assessee must be excluded from ‘gross receipts’ when determining presumptive income under Section 44BB of the Income-tax Act, 1961. This clarification […]

Mumbai ITAT's Order In the Case of Dattani Construction vs. ITO

26AS Mismatch: ITAT Mumbai Orders AO to Re-Verify Actual Income and TDS Details

The Mumbai branch of the ITAT decided to partially support a plea after finding that there was a difference between the income declared in the 26AS Form and the actual income obtained. They supposed that this problem required further research to clarify the facts. The taxpayer, Dattani Construction, a partnership firm, is in real estate […]

Mumbai ITAT's Order In the Case of Staubli Tec Systems India Pvt. Ltd. vs. ITO

ITAT Mumbai Grants Relief to Taxpayers Denied NTR Benefits for Not Filing Form 10IC

The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) on October 31, 2025, ruled that a taxpayer’s claims under the new tax regime could not be rejected because of a delay in filing the Form 10IC, after the legal deadline. The same ruling has been arrived at in the backdrop of a case submitted […]

Mumbai ITAT's Order in The Case of Tan Boon Hoe vs. Income Tax Officer-42(3)(1)

ITAT Mumbai: TDS Credit Allowed Even If Not Reflected in Form 26AS, Provided Form 16 is Available

The Income Tax Appellate Tribunal (ITAT) Mumbai Bench has recently ruled that the Assessing Officer (AO) must provide the assessee with the full Tax Deducted at Source (TDS) credit amounting to ₹14,78,140 for the Assessment Year (AY) 2011–12. This decision highlights the importance of correctly applying TDS credits in tax assessments. According to the Tribunal, […]

Mumbai ITAT's Order in The Case of Naik Naik And Co. vs. Commissioner of Income Tax-Appeal

Taxpayer Relief: ITAT Mumbai Strikes Down ₹1 Crore Demand Over TDS Error

A Mumbai-based taxpayer was in trouble when it was discovered that the TDS credit of Rs 96 lakh (96,12,846) was missing from his Form 26AS. He gets a tax notice demanding Rs 1 crore, which includes interest under Sections 234B and 234C, even after reporting the related income in his ITR and filing the required […]

Mumbai ITAT's Order in the Case of Manisha Kiran Temkar vs ACIT

ITAT Mumbai: No TDS on Payments to Foreign Agents for Services Rendered Outside India

The ITAT Mumbai Bench has ruled that payments made to foreign agents for services provided entirely outside of India do not need to be taxed in India. As a result, businesses are not required to deduct TDS from these payments. The taxpayer, Manisha Kiran Temkar, was in the international merchant trade under the name M/s. […]

Mumbai ITAT's Order in The Case of M/s. J Duncan Healthcare Pvt. Ltd. vs. Addl. JCIT(A)-2

No TDS, No Fee: ITAT Mumbai Cancels ₹1.16 Lakh Late Filing Penalty Imposed U/S 234E

The Income Tax Appellate Tribunal (ITAT), Mumbai, has ruled in favour of an appellant who was imposed with a Rs 1.16 lakh penalty for late filing of TDS returns. The company, M/s. J Duncan Healthcare Pvt. Ltd. made payments to two Russian companies, called JSC OLS Ltd. and JSC Viterani, for services they provided. When […]

Mumbai ITAT's Order in The Case of Sudhir Dayalal Mistry vs. Asst. Commissioner of Income Tax Officer

ITAT Mumbai: No Addition for 26AS-Sales Mismatch Caused by Client’s Double TDS Deduction

An addition cannot be made solely based on a mismatch between sales reported in the books and the figures in Form 26AS, particularly when the discrepancy arose due to double deduction of Tax Deducted at Source (TDS) by the client, Wockhardt Hospitals Ltd (WHL), the Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has […]

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