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No late fees under section 234 E of IT Act,1961 on TDS default before 01/06/2015

October 3, 2022 1086 Views 0 comment Print

Fee u/s. 234E for filing TDS returns belatedly could not be levied prior to 01/06/2015 as there was no machinery provision of sec. 200A .

Section 68 Additions Justified if Assessee fails to Prove Genuineness of Unsecured Loan

October 3, 2022 7473 Views 0 comment Print

Where assessee-firm claimed to have received unsecured loans during relevant years, however, it could not prove genuineness of unsecured loan taken and underneath sources for making these investments, addition made by Assessing Officer under section 68 was justified

Order Passed By AO not Erroneous if passed After Duly Examining Claim of Assessee

October 3, 2022 1116 Views 0 comment Print

Where Assessing Officer, after following directions of Principal Commissioner regarding examining of claim made by assessee for exemption under section 54F, passed an assessment order under section 143(3) read with section 263 holding that assessee was eligible for exemption as it held only one residential property during year, subsequent revision order passed by Principal Commissioner setting aside impugned assessment order as erroneous and prejudicial to interest of revenue was to be quashed

Section 54F Exemption allowable if Property is of Commercial Nature

October 3, 2022 15894 Views 0 comment Print

In case, Assessing Officer finds that if property is accounted in books of firm M/s. S.P. Hospital as a commercial property and the property is used for the purpose of hospital, then the Assessing Officer is directed to allow deduction under section 54F of the Act.

Indexation benefit on installments paid allowed from flat date allotment

October 2, 2022 32808 Views 2 comments Print

Assessee was entitled to the benefit of indexation on the total cost of acquisition from the year of allotment of flat dehors the fact that assessee had paid installments over a period of time subsequent to the date of allotment.

Income from operating & maintaining IT Park is taxable as business income

October 2, 2022 1089 Views 0 comment Print

Income from letting out of premises/developing space along with other facilities in an industrial park, SEZ is taxable under business income

LTCG cannot be treated as turnover to deny benefit of Section 47(xiiib)

October 2, 2022 1788 Views 0 comment Print

ACIT Vs AVA landmark LLP (ITAT Delhi) The capital assets held by erstwhile company transferred to assessee as LLP were considered as transfer and the Assessing officer made addition of Rs.11,37,40,244/- to the return income on allegation of non-compliance of Section 47(xiiib) of the Act. However, the Ld. CIT(A) observed that there is no violation […]

ITAT declines to Condone Delay as no justification for delay furnished

October 2, 2022 606 Views 0 comment Print

Shri Abdul Hakeem Vs ITO (ITAT Delhi) ITAT notice that the assessee has filed the appeal belatedly where the number of days delayed has not been specified. The delay in our understanding is about 14 months 10 days. No explanation worth the name has been provided to justify the delay. It is trite that the […]

No Tax on Grant received by Trust for participation in particular events outside India

October 2, 2022 2649 Views 0 comment Print

The tide up grants for a specific purpose would only mean that the assessee which was voluntarily organization, had agree to act as a trustee of a special fund granted by the donor with the result that it need not be pooled or integrated with the assessee is normal income or corpus.

Interest earned on loans to staff members taxable as Income from Other Sources

October 1, 2022 705 Views 0 comment Print

ITAT Ahmedabad held that loans to staff members is not business expenses and therefore interest earned on such loans cannot be treated as business income.

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