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Section 54: Land value includible in cost of new residential house

August 19, 2022 7428 Views 0 comment Print

Section 54 Cost of new residential house includes cost of land construction materials labour & other cost of construction of residential house

Extended period cannot be invoked if divergent views exist even if ultimately Revenue view prevails

August 19, 2022 1698 Views 0 comment Print

Where there were divergent views on the issue and even if it is ultimately settled against the assessee, extended period cannot be invoked.

Section 2(22)(e) addition not justified for business expenses of company 

August 18, 2022 1455 Views 1 comment Print

It is an admitted position that the alleged expenses incurred by the Assessee were business expenses of the company and therefore no personal benefit accrues to the Assessee as alleged by the authorities below. Hence, this Section 2(22)(e) of Income Tax Act, 1961 cannot be invoked by alleging that Assessee had benefitted.

No addition if no change in Stock Valuation method despite valuation at average cost

August 18, 2022 765 Views 0 comment Print

ACIT Vs Smt. Shobhakaver Surana (ITAT Chennai) It could very well be seen that the assessee is a trading concern. It has maintained category-wise stock details which has been valued at average cost. The assessee is subjected to Tax Audit which contain quantitative details and well valuation of stock under each category. There is no evidence […]

Section 80P deduction allowable If delay in ITR filing condoned by PCIT

August 18, 2022 5262 Views 0 comment Print

ITAT Bangalore remits Amasebail’s Sec. 80P claim to AO based on delay condonation application. Key considerations for deduction eligibility discussed.

Order denying section 80IA deduction without Reasonable opportunity not sustainable

August 18, 2022 639 Views 0 comment Print

P.S.K. Engineering –Construction & Co. Vs ADIT (ITAT Chennai) ITAT have perused the entire order but could not understand from the order whether opportunity was granted to the assessee before denying the deduction u/s.80IA of the Act. The ld.DR could not answer whether opportunity was granted or not. Every quasi-judicial order has to be a […]

Recipient of of goods or services or both cannot seek advance ruling

August 17, 2022 1119 Views 0 comment Print

Supplier of goods or services or both who can seek an advance ruling on any of issues specified in clauses (a) to (g) of Section 97(2).

Indian Telegraph Right of Way (Amendment) Rules, 2022

August 17, 2022 4083 Views 0 comment Print

Indian Telegraph Right of Way (Amendment) Rules, 2022 – New Rule 10A. Usage of street furniture for installation of small cells and telegraph line, 10B. Establishment of telegraph infrastructure over private property

MAT Credit eligible on Surcharge, Education Cess & Additional Surcharges

August 16, 2022 3726 Views 0 comment Print

MAT credit u/s. 115JA cannot be denied on Surcharge, education cess and additional surcharge – secondary and higher education cess

Serious Medical Condition of daughter is Reasonable Cause for Delay in filing Appeal

August 16, 2022 906 Views 0 comment Print

Assessee assigned the reason for condoning the delay was that, ‘his daughter was hospitalized in the month which is a reasonable cause

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