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Section 54/54F exemption not available if house purchased is not for residence of the Assessee

October 25, 2017 3645 Views 0 comment Print

In the case of more than one properties are purchased by the assessee, the option is available with the assessee to claim benefit under Section 54 in respect of the residential house purchased for the assessee’s own residence.

TDS not deductible on Reimbursement of expenses billed separately

October 25, 2017 64671 Views 0 comment Print

In this case the appellant is receiving the material on Freight Prepaid basis (C&F). The foreign shipping companies were charging only the incidental charges like Port charges, Container payment, Stationery charges, License fees, Stamp charges, Bank charges, De-stuffing charges etc.

Hyderabad Cricket Association allowed to claim exemption u/s. 11

October 25, 2017 963 Views 0 comment Print

Hyderabad Cricket Association is not engaged in activities in nature of trade and commerce or business and therefore, eligible to enjoy the benefit of section 11 of the Income Tax Act, 1961, the Income Tax Appellate Tribunal, Hyderabad bench said last week while disposing appeals filed by both HCA and the department.

Mere non-allowability of claim not sufficient to impose penalty U/s. 271(1)(c)

October 25, 2017 2010 Views 0 comment Print

In an appeal before Ahmedabad ITAT, DCIT vs. Parinay Organizers Pvt. Ltd., one of the grounds raised was that whether on the facts of the circumstances of the case, the CIT(A) was justified in deleting the penalty levied by the AO on account of dis allowances of interest expenses of Rs. 44,19,194/- without considering the merits of the case.

ITAT Slams CIT(A) for violation of Judicial Discipline by taking contradictory view on issue already confirmed on merit by it

October 25, 2017 1980 Views 0 comment Print

ACIT Vs. M/s. Sutures India Pvt. Ltd. (ITAT Bangalore)- ITAT Slams CIT(A) for violation of Judicial Discipline by taking contradictory view on issue already confirmed on merit by it and CIT (Appeals) have no jurisdiction to take any decision on issue which is already been decided by CIT under Section 263.

MTM loss on forward contract as on balance sheet date not deductible as business loss

October 25, 2017 8754 Views 0 comment Print

Bechtel India Pvt. Ltd. Vs ACIT (ITAT Delhi) Hedging forward contracts of foreign currency cannot be marked to market (MTM) on balance sheet date as already there is a underlying asset and there is no extra outgo for settlement of the forward contract other than already determined in the contract and thus there is no […]

Nature of Agricultural income would not change merely because operation were done in a greenhouse

October 24, 2017 3972 Views 0 comment Print

Assessee was engaged in the business of plant floriculture and tissue culture, and claimed exemption of income under section 10(1) for being agricultural income, AO was not justified in disallowing exemption on the ground that basic operation were done in greenhouse since involvement of greenhouse would not change the nature of operations.

Appeal cannot be dismissed for defect in form without granting Opportunity to cure defect

October 24, 2017 4725 Views 0 comment Print

The Income Tax Appellate Tribunal [ITAT], Chandigarh bench, has held that the appellate authority cannot dismiss an appeal by pointing out the defects in its form without granting an opportunity to the assessee to cure the defects.

No disallowance u/s 40(a)(ia) for TDS deduction under Wrong Provision under a bonafide belief

October 24, 2017 2967 Views 0 comment Print

Out of these four appeals two appeals are filed by the assessee while the other two appeals are filed by the Revenue for against the orders of the CIT(A) – 4, Mumbai dated 13.02.2017 and 06.02.2017 for assessment years 2011-12 and 2012-13 respectively.

Protective addition in hands of agents without providing opportunity of being heard is invalid

October 23, 2017 1158 Views 0 comment Print

These two appeals of the same assessee (assessed in the name of different agents) relating to the assess­ment year 2007-08 are directed against separate orders of the Commissioner (Appeals), Bareilly of the even date 27-9-2016 arising out of the order passed under section 144/147 of the Income Tax Act framed by the Income Tax Officer, Ward-1(3), both dated 3-3-2015.

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