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Mere Presence of coconut trees on land not prove carrying out of agricultural operations

March 4, 2023 2163 Views 0 comment Print

ITAT Chennai held that simply because there are coconut trees on the land it doesnot mean that agricultural operations are carried out. Accordingly, deduction claimed under section 54B on sale of the land is disallowed.

Exemption u/s 54F not admissible towards purchase of plot of land

March 4, 2023 8493 Views 0 comment Print

ITAT Jabalpur held that as per the sale deed what was purchased was only a plot of land for construction of residential house. However, in absence of construction of residential house thereon, exemption under section 54F of the Income Tax Act not admissible.

Depreciation on licenses software allowable at the rate of 60%

March 4, 2023 3063 Views 0 comment Print

ITAT Ahmedabad held that depreciation on licenses software is allowable at the rate of 60% and not at the rate of 25% as alleged by the revenue.

Issuance of draft assessment order along with demand notice is bad in law

March 4, 2023 2355 Views 0 comment Print

ITAT Mumbai held that issuance of draft assessment order along with the demand notice is in violation of provisions of section 144C of the Income Tax Act and hence bad in law.

Amendment to section 14A by Finance Act, 2022 applies Prospectively w.e.f AY 2022-23

March 3, 2023 8229 Views 0 comment Print

n this case addition was made u/s.14A r.w. Rule 8D by AO and confirmed by CIT (A) holding that Amendment  in Finance Act, 2022 in relation to disallowance u/s.14A r.w. Rule 8D is applicable retrospectively even if no exempted income was earned by assessee.

Amount spent on clinical trials outside approved-in-house facility eligible for weighted deduction u/s 35(2AB)

March 3, 2023 621 Views 0 comment Print

ITAT Mumbai held that the amount spent by the assessee on clinical trials outside the approved in-house facility is eligible for weighted deduction u/s 35(2AB) of the Act.

Deduction u/s 54 of Income Tax Act not available on sale of vacant plot

March 3, 2023 3540 Views 0 comment Print

ITAT Hyderabad held that sale of vacant plot is not eligible for deduction under section 54 of the Income Tax Act.

Delay caused by representative entrusted by non-resident is reasonable cause

March 3, 2023 1182 Views 0 comment Print

ITAT Bangalore held that assessee being a non-resident entrusted the work to representative in India whose inaction caused delay of 36 days in filing of an appeal is reasonable cause to condone the delay.

Fee paid for renewal of cash-credit is revenue expenditure

March 3, 2023 2718 Views 0 comment Print

ITAT Indore held that the expenditure incurred for obtaining loan is a revenue expenditure. Accordingly, the fee paid for renewal of cash-credit is a revenue expenditure.

Interest from surplus fund investment is taxable under ‘Income from other sources’

March 2, 2023 3111 Views 0 comment Print

ITAT Delhi held that investment done from the surplus funds in FDs has nothing to do with the business connection. Accordingly, interest received from the same is to be treated under separate head i.e. Income from other sources and not as business income.

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