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Addition of unexplained investment unsustained based on high status/family tradition & Streedhan

August 22, 2022 1167 Views 0 comment Print

Held that factors like high status, family tradition, deduction on account of purity and deduction towards Streedhan should be considered before making addition on account of unexplained investment. Accordingly, addition deleted.

Section 153C satisfaction needs to be recorded even if AO of searched & other person is same

August 22, 2022 6420 Views 0 comment Print

Palla Simhachalam (HUF) Vs ACIT (ITAT Visakhapatnam) AO of the searched person and the other person is one and the same, then also AO is required to record the satisfaction, as held by the various In the instant case, no such material has been brought before us by the ld. DR. In view of the […]

Sales tax & excise duty subsidy is capital receipts & not taxable

August 21, 2022 2712 Views 0 comment Print

ACIT Vs Genus Electrotech Limited (ITAT Delhi) Held that sales tax incentive subsidy and excise duty incentive are in the nature of capital receipts and thus not chargeable to tax as regular income as well as income u/s 115JB for computation of book profit. Facts- In the order u/s 154, AO noted that assessee had […]

Portfolio Management Services income taxable under ‘Capital gains’

August 21, 2022 8766 Views 0 comment Print

Portfolio Management Services earning should be assessed as ‘Capital gains’ and not as ‘Profit and gains of business or profession’.

Section 80IB: Date of application for completion certificate is relevant

August 21, 2022 2406 Views 0 comment Print

ITAT Held that if application is moved well in time for seeking completion certificate from the Municipal Corporation and delay in issuance of completion certificate is not attributable to the assessee. Then, date of application should be considered for claiming deduction u/s 80IB

Interest on convertible debentures are allowable expenditure

August 20, 2022 9753 Views 0 comment Print

Held that interest paid on convertible debentures are allowable as expenditure u/s. 36(1)(iii) of the Act. Such interest cannot be treated as interest on equity.

Addition u/s 68 unsustainable as credit worthiness and genuineness of loan established

August 20, 2022 3297 Views 0 comment Print

Held that assessee established identity of the creditors by bringing on record their PANs and complete addresses of the creditors. Hence addition u/s 68, without bringing out any adverse or cogent material to dispute the credit worthiness of the creditors and genuineness of the transactions, is unsustainable

Capital receipt not become taxable for mere utilisation for incurring revenue expenditure

August 20, 2022 2079 Views 0 comment Print

Merely because a capital receipt is utilized for incurring revenue expenditure it will not change the nature of capital receipt into a revenue item.

Amount paid by Property Purchaser to Tenant can’t be taxed as gain of owner of capital asset

August 20, 2022 2925 Views 0 comment Print

Amount paid by the buyer to the tenant for the vacation of tenancy should not be taxed in the hands of the owner of the capital asset.

ITAT allows depreciation in respect of closed units or non-functional undertakings

August 20, 2022 3855 Views 0 comment Print

Once assets have been put to use, claim of depreciation allowance on said assets cannot be restricted. ITAT allows claim of depreciation in respect of closed units or non-functional undertakings

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