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Addition towards unexplained cash credit unjustified as evidences and books of account not rejected

August 5, 2022 1830 Views 0 comment Print

Held that addition u/s. 68 and 69A unsustainable as evidences relating to cash deposited submitted and not doubted by AO and also books of account of the assessee are also not rejected u/s 145(3).

Income from funds diverted at source under liquidation not taxable

August 5, 2022 1140 Views 0 comment Print

Held that as per section 21(2) of Deposit, Insurance and Credit Guarantee Corporation of India all the funds realized by Bank under liquidation are diverted at source. Such funds are not available to the assessee as income and hence such income is not taxable in the hands of the assessee.

Compensation and interest up to the date of land acquired is taxable as capital gain

August 5, 2022 2748 Views 0 comment Print

Held that compensation with interest received by the assessee up to the date of land acquired pursuant to the Hon’ble Supreme Court order should be taxed under the head Capital Gains.

Exemption u/s 11 available to education activities resulting in university degrees

August 5, 2022 1638 Views 0 comment Print

Held that assessee providing education activities only which results in university degrees in various courses is eligible for exemption u/s 11.

Expenses related to interest income allowable under Section 56

August 5, 2022 2844 Views 0 comment Print

Income from FDRs are treated as income from other sources under Section 56 of the Act. The expenses related to the said interest income earned by the assessee has to be allowed which is permissible under the Statute of law.

Genuineness of Will cannot be doubted without proper enquiry

August 5, 2022 1404 Views 0 comment Print

Gaus Mohammad Vs ITO (ITAT Allahabad) Assessing Officer as well as the CIT(A) doubted the genuineness of the Will in question without conducting any enquiry or examination of the genuineness. The assessee has produced the affidavit of one of the attesting witness of the Will to prove the Will executed by his father. Therefore, it […]

Tax exempt on Compensation for RCC structure forming part of Farm Land

August 5, 2022 1119 Views 0 comment Print

A. Nagarajan Vs ITO (ITAT Chennai) Upon careful consideration of factual matrix, it emerges that the assessee’s land has been acquired by NHAI for which the assessee has been compensated at certain rates. On one of the parcels of land, a farm house is situated for which separate compensation has been paid. The primary argument […]

Repair expenditure disallowed as allegation not negated by assessee

August 5, 2022 759 Views 0 comment Print

Held that repair expenditure of propaganda van, a gifted vehicle, was alleged to be met by the donor. The onus was on assessee to negate the allegation of revenue. However, no such onus was discharged. Disallowance of expenditure justified.

Addition of disallowed prior period expenses not permitted in book profit computation

August 5, 2022 3702 Views 0 comment Print

Prior period expenses charged to profit and loss account cannot be deducted from profit of year for computing book profit under Section 115JB

Addition u/s 68 of duly accounted cash sales is unjustified

August 4, 2022 1848 Views 0 comment Print

Held that the re-assessment and addition of the duly accounted cash sales of the assessee as unexplained cash credits u/s 68 by the AO without rejection of the books of account of the assessee u/s 145(3) of the Act is unjustified

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