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Credit society eligible for section 80P(2)(a)(i) deduction on interest on surplus funds with Union Bank

May 8, 2023 1965 Views 0 comment Print

Ghatkesar Farmers Service Cooperative Society Limited Vs ITO (ITAT Hyderabad) ITAT held that assessee being a primary agricultural co-operative society invested the own surplus funds with the Union Bank of India and, therefore, the assessee is entitled to claim the deduction under section 80P(2)(a)(i) of the Act. It could be seen from the name of […]

Section 80P(2)(d) Deduction eligible to co-op societies on interest from Co-op Banks

May 8, 2023 4056 Views 0 comment Print

Provision of Section 80P(2)(d) of the Act does not make any distinction in regard to source of the investment because this Section envisages deduction in respect of any income derived by co-operative society from any investment with a co-operative society.

ITAT deletes section 69B addition for painting found during search

May 8, 2023 1170 Views 0 comment Print

Nirmal Kumar Minda Vs ACIT (ITAT Delhi) The ground No.2 relates to the addition of Rs.37.50 lacs u/s. 69B of the Act in respect of 6 paintings found at the residence of the assessee. The underlying facts in the impugned issue are that 6 paintings were found at the time of search which were got […]

Section 234A interest in case of return filed U/s. 148 leviable from date of Section 148 notice

May 8, 2023 15675 Views 0 comment Print

CIT(A) was not right in levying interest under Section 234A of the Act when the return was filed under Section 148 itself and therefore, the interest should be charged from the date of notice under Section 148 of the Act itself and not from the date of return filed under Section 139 or it is due date under Section 139.

No section 69A Addition on mere surmises, conjectures & hypothesis & in the year in which no asset etc is found

May 8, 2023 2109 Views 0 comment Print

DCIT Vs Shri Sanjay Singhal (ITAT Delhi) The undisputed fact is that the substantive as well as protective additions have been made u/s 69A r.w.s 115BBE of the Act. A bare perusal of the assessment order clearly shows that no money, bullion, jewellery or valuable article was found during search conducted on 07.04.2017 which is […]

No Section 69A addition where cash deposits reflected as sales & accepted by Revenue

May 8, 2023 6567 Views 0 comment Print

ITO Vs Rajesh Kumar Chhanalal Patel (ITAT Ahmedabad) Ahmedabad ITAT upholds CIT(A) order deleting the addition of Rs. 86.75 Cr under Section 69A as Assessee’s unexplained income; Holds that the cash deposited in bank account cannot be treated as unexplained as the Revenue himself in the remand report and on verification accepted that the entire […]

No violation of rule 46A as tally accounts produced before CIT(A) provided only better clarity

May 8, 2023 1371 Views 0 comment Print

ITAT Mumbai held that tally accounts produced before CIT(A) provides only better clarity and understanding of seized documents which are already on record before AO. Hence, submission of the same before CIT(A) doesn’t violate provisions of rule 46A of Income Tax Rules.

Transfer of land as share of capital in AOP is taxable u/s 45(3) of Income Tax Act

May 8, 2023 4560 Views 0 comment Print

ITAT Pune held that contribution of undivided title and rights in the land as share of capital in AOP is taxable under section 45(3) of the Income Tax Act.

Value of building not mentioned in fixed assets hence claim of deduction of cost not allowable

May 8, 2023 1767 Views 0 comment Print

ITAT Bangalore held that claim of deduction of cost of building is not allowable as there was no mentioning of any value of the building in the schedule of the fixed assets.

Indexed cost of development not allowed on failure to substantiate the claim

May 8, 2023 870 Views 0 comment Print

ITAT Pune held that claim of indexed cost of development not acceptable as assessee failed to furnish any evidence towards the same.

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