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All ITAT

Deduction u/s 80P(2) on interest received on deposits with Sub-Treasuries.

January 11, 2018 2391 Views 0 comment Print

In an assessee- favor ruling, the Cochin bench of ITAT said that the assessee, a primary agricultural credit society is entitled to the benefit of deduction under Section 80P (2) of the Income Tax Act, with regard to interest received on deposits made by the assessee with sub treasury.

Primary Agricultural Co-op Credit Society is eligible for Sec. 80P Deduction

January 10, 2018 5016 Views 0 comment Print

ITO Vs M/s. Edanad- Kannur SCB Ltd. (ITAT Cochin) The undisputed facts are that the assessees in these cases are all primary agricultural credit society and they are registered as such under the Kerala Co­operative Societies Act. The Hon’ble jurisdictional High Court in the case of Chirakkal Service Co-operative Bank Limited & Ors. (supra) had […]

Conversion of Agricultural land: Section 50C not apply to business income

January 10, 2018 6222 Views 0 comment Print

The ITAT bench comprising Pramod Kumar (AM) and S. S. Godara (JM) recently confirmed that the sale consideration on agricultural land after its conversion to non-agricultural Land constitutes business income and therefore, section 50C of the Income Tax Act, 1961 cannot be applicable to such cases.

ITAT allows exemption U/s. 11 on Income earned by Pharmacy shop in Trust Hospital

January 10, 2018 1440 Views 0 comment Print

DCIT Vs National Health & Education Society (ITAt Mumbai) CIT(A) relying upon the order of its predecessor in AY 2010-11 & 2011-12 allowed the appeal of the assessee on the premises that operation of the pharmacy shop was intrinsic to the activities of the assessee and not incidental and did not constitute business and therefore, […]

AO cannot Review his Own Order by invoking Sec 147 of Income Tax Act

January 10, 2018 3630 Views 0 comment Print

Right or wrong, the decision taken by AO cannot be revisited or reviewed by AO invoking Sec. 147 of the Act because the AO does not have the power to review his own order.

Income from Sub-letting of Property is taxable as Other Income

January 10, 2018 14055 Views 0 comment Print

Kolkata bench of Income Tax Appellate Tribunal (ITAT) recently held that income earned by the assessee from sub-letting of property under leave and license agreement for a temporary period is taxable under the head income from other sources and not under the head business income since the sub-letting was not an object of the assessees’ business.

TDS U/s. 194C applies on amount paid under Oral Agreement

January 10, 2018 14388 Views 0 comment Print

The Kolkata bench of ITAT recently held that TDS provisions under the Income Tax Act, 1961 are applicable to payments made under an oral agreement.

S. 269SS: Cash Transactions with Sister-in-Law & Nephew not amounts to Loan

January 10, 2018 8226 Views 0 comment Print

Sri Jagmohan Sharma Vs. JCIT (ITAT Kolkata) The transactions between these family members are neither loans nor deposit and purely a family system and purely a family requirement to help each other in the needy hours, for example medical help, education help and expenses to run the family. That is, one member of the family […]

S. 14A disallowance cannot be made merely based on Audit Report

January 10, 2018 1251 Views 0 comment Print

Kolkata bench of Income Tax Appellate Tribunal (ITAT) recently quashed the order passed by the lower authorities disallowing the claim of the assessee towards leave encashment for the reason that the order of the High Court invalidating Section 43(f) of the Income tax Act 1961 was not stayed by the Supreme Court.

Assessment U/s. 153C not valid in Absence of incriminating material

January 10, 2018 1467 Views 0 comment Print

Shri Balaji Builders Kakinada Vs ACIT (ITAT Visakhapatnam) Merely because books of account could not be traced at the time of survey/search, it could not be presumed that the books of account were not maintained unless all the efforts were made by AO. Further As per the provisions of section 153C of the Act, it […]

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