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ITAT deletes addition of share of profit from Partnership Firm

July 30, 2022 924 Views 0 comment Print

Ajay Verma Vs ITO (ITAT Lucknow) Asessing Officer made the additions on account of 50% share of profit and partner’s salary as the Assessing Officer has held that no ITR/balance sheet/P&L account of Partnership Firm was filed to substantiate the claim. Before CIT(A) assessee filed detailed ITR of the firm and also filed the copy […]

No Section 54B exemption on Agricultural Land Purchased in Name of Wife

July 30, 2022 2688 Views 0 comment Print

An assessee can purchase an asset or a part thereof in the name of his wife but he would not be entitled then to the benefit of Section 54B.

Surplus returned from Common contributed Fund cannot be treated as profit

July 30, 2022 438 Views 0 comment Print

Where a number of persons combine together and contribute to a common fund for the financing of some venture or object and in this respect have no dealings or relations with any outside body, then any surplus returned to those persons cannot be regarded in any sense as profit.

Computation of deduction u/s 36(1)(viii) of Income Tax – Housing Finance Company

July 30, 2022 1152 Views 0 comment Print

ACIT Vs PNB Housing Finance Ltd. (ITAT Delhi) Income Tax Appellate Tribunal (ITAT), New Delhi bench consisting of Anil Chaturvedi, Accountant Member and Narender Kumar Choudhary, Judicial Member granted relief to Punjab National Bank Housing Finance Limited and Confirmed the order of Commissioner of Income Tax of computing rebate under Section 36(1)(viii). The assessee, Punjab […]

Section 50C not attracted in case of transfer of leasehold rights

July 29, 2022 3741 Views 0 comment Print

DCIT Vs Envair Electrodyne Ltd. (ITAT Pune) ITAT find no merit in the Revenue’s argument in principle that section 50C gets attracted even in case of transfer of leasehold rights which does not come within the nature and ambit of specified asset(s) of ‘land or building or both’ in the statutory provision. We thus, conclude […]

No addition for Typographical Error in Share Valuation Report

July 29, 2022 516 Views 0 comment Print

Sara Investments Vs ACIT (ITAT Delhi) The contentions of the assessee are that the assessee firm was holding less than 10% of shares in SSPL. It had paid for 9.38% of the shares only which are held in the name of partner Mr. V.K. Dhawan and the partners are holding the shares in their personal […]

Enhancement of income without giving any opportunity of hearing not valid

July 29, 2022 471 Views 0 comment Print

Mayank Kumar Garg Vs ITO (ITAT Delhi) It was submitted by the ld Counsel for the Assessee that the addition of Rs. 16,82,836/- has been made without giving any opportunity of hearing for enhancement of the income. The ld DR could not controvert this arguments. In the light of the aforesaid irregularity and violation of […]

Section 263 order not sustainable if no error in Assessment Order

July 29, 2022 375 Views 0 comment Print

Sopan Developers Vs PCIT (ITAT Rajkot) Amendment for charging the tax on the notional rent with respect to the properties held as stock in trade was applicable from the assessment year 2018-19 and subsequent assessment year. As such, the amended provision is not applicable for the year under consideration. Thus the question of calculating the […]

Reopening of assessment based on mechanically received approval is bad in law

July 29, 2022 2358 Views 0 comment Print

Held that reopening of assessment on the basis of the approval given in mechanical manner without application of mind is bad in law and liable to be quashed.

Condonation of delay not granted on the basis of vague reasons

July 29, 2022 4101 Views 0 comment Print

Held that it can be make out that the assessee has made an afterthought to file the appeal accordingly condonation of 1070 days cannot be granted on the basis of vague reasons

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