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Cultivation of high quality foundation seeds of peas, wheat, paddy & potato is agricultural activity

March 13, 2023 1173 Views 0 comment Print

Malook Singh Vs PCIT (ITAT Delhi) CIT(A) held that cultivation of high quality foundation seeds of peas, wheat, paddy and potato is different from normal agricultural activity. Against this, the assessee has submitted all the bills & vouchers for expenses like lease rent, power bills, fertilizer, seeds, labour, wages and details of sale and mandi […]

Allowability of depreciation on Buildings/Godowns Used by Co-op Society who claims section 80P deduction

March 12, 2023 5052 Views 0 comment Print

M.P. State Cooperative Marketing Federation Ltd. Vs ACIT (ITAT Indore) ITAT held that it was unable to verify certain facts relevant to the issue being agitated, viz. (i) whether and to what extent the buildings/godowns are being used for the activities eligible for 80P deduction or other activities as being claimed before us; and (ii) […]

Fine, Lab Fee, Founder Day/Photograph Charges are Incidental income to Running of Educational Institution

March 12, 2023 1389 Views 0 comment Print

Pushp Niketan School Samiti Vs ITO (ITAT Delhi) It is seen that the assessee has filed written submission wherein it is stated that same amount shown as other income in the P&L Account including interest of FDR and saving accounts of Rs.83,008/- and other charges i.e. income of fine, Lab fee, Founder day charges, photograph […]

Income cannot be assessed at 10% when assessee was allowed to charge only 5% as per mandate of Government

March 12, 2023 1707 Views 0 comment Print

DCIT Vs Jharkhand State Beverages Corporation Ltd (ITAT Ranchi) The undisputed facts are that the assessee is engaged in the business of procurement and supply of IMFL, FMFL as well as country made liquor and other similar products and as per Government mandate the assessee is authorized to charge 5% on MRP on the wholesales […]

Section 153C Assessments based on Invalid Notices are liable to be quashed

March 12, 2023 5307 Views 0 comment Print

Malik Network & Computer P. Ltd. Vs ITO (ITAT Delhi) One of the controversies in the present case arises towards computation of limitation period under Section 153C of the Act for the purposes of issuance of notice and assessment thereon. As per Section 153A of the Act (in the case of searched persons), the limitation […]

When software itself is not taxable, the training & related activities cannot be held to be FTS

March 12, 2023 1617 Views 0 comment Print

When software itself is not taxable, the training and related activities concerned with utilization & installation cannot be held to be FTS.

No deemed rent addition for property which is not habitable

March 12, 2023 2226 Views 0 comment Print

Manindra Mohan Mazumdar Vs ACIT (ITAT Kolkata) CIT(A) while dealing with the assessee’s appeal casually dealt with the issue and in the finding only mentioned about the two properties owned by the assessee and confirmed the addition made by ld. AO. However, ld. AO did not make any addition for Deemed Rental Income for the […]

ITAT restores ex-parte Assessment to AO & Imposes cost of Rs. 25000 per assessment year on Assessee

March 12, 2023 1770 Views 0 comment Print

Raghunath Jew School of Management Studies Vs ITO (Exemption) (ITAT Cuttack) The facts in the present appeals clearly show that the assessments have been done ex-parte on account of the fact that the books of accounts and bills & vouchers were not produced before the AO. It is also an admitted fact that the assessee […]

Rental income from giving out commercial properties for compensation as per MOA is business income

March 11, 2023 5376 Views 0 comment Print

ITAT Mumbai held that rental income from giving out commercial properties for compensation as per Memorandum of Association (MOA) is to be treated as ‘business income’ and not as ‘income from house property’.

15% accumulation on Profit & gains from incidental business of charitable trust allowed

March 11, 2023 7926 Views 0 comment Print

ITAT Ahmedabad held that only profit and gains derived from the incidental business of charitable-trust would qualify as income for computing statutorily allowed accumulation of 15% in terms of section 11(1)(a) of the Income Tax Act.

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