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Interest under section 28 of Land Acquisition Act cannot be taxed despite TDS deduction

July 10, 2022 5808 Views 0 comment Print

Umang Sitani Vs ITO (ITAT Delhi) During the year, the assessee has received Rs.2.58 Cr. on account of compulsory acquisition of his land comprising an amount of Rs.79.17 lacs on account of compensation and Rs.178.92 lacs on account of interest on land compensation, the fact of which is not in dispute. The AO treated the […]

No addition for cash deposit after demonetisation against cash withdrawn before demonetisation

July 10, 2022 1647 Views 0 comment Print

Coastal Fertilisers Ltd Vs ITO (ITAT Kolkata) We note that the cash sum of Rs. 94,50,000/- was deposited in the bank account held with Union Bank of India, account no. 495601010033544 on 16.11.2016. This date of deposit falls in post-demonetization period. On 08.11.2016 demonetization scheme was announced scrapping of currencies in the Rs. 1,000/­& Rs. […]

Non-business expense cannot be claimed as Business expense to set-off against house property Income

July 10, 2022 3204 Views 0 comment Print

C. Krishniah Chetty & Co. Pvt. Ltd. Vs ITO (ITAT Bangalore) The grounds raised by the assessee, are only seeking set off of current year loss against income from house property and carry forward of loss to the future years amounting to Rs.76,26,766/-. The Ld.AR vehemently submitted that, the assessee incurred expenses in terms of […]

Consultancy charges paid for introduction of client is not FTS

July 10, 2022 888 Views 0 comment Print

Hemera India Pvt. Ltd Vs DCIT (ITAT Delhi) ITAT held that once the revenue admitted that they were consultancy charges paid for introduction of client then that would fall in the definition of payments made to intermediary or liaison agents for channelizing, arranging or soliciting work order. There is no finding whatsoever that any inquiry […]

ITAT deletes Section 271G penalty for non-submission of comparable prices of diamonds

July 10, 2022 627 Views 0 comment Print

DCIT Vs Interjwel private limited (ITAT Mumbai) The assessee submitted that in a diamond business world over there are estimated 8000 – 10,000 different qualities of diamonds price of which depends on various factors and note to diamonds can have the same price as valuation also depends upon the perception of individual businessman. Assessee therefore […]

No Addition for Unaccounted Sales without Cogent Material

July 10, 2022 1029 Views 0 comment Print

If the assessee did not adhere to the surrender made during the survey, it was for the AO to bring on record cogent material or other evidence to support the additions rather than rely on the statements simpliciter.

Co-operative society eligible for section 80P(2)(a)(i) deduction

July 10, 2022 5469 Views 0 comment Print

Assessee, being co-operative society, is out of the provisions of section 80P(4) and eligible for deduction under section 80P(2)(a)(i)

Allocation of expenditure incurred by one unit to another without adequate base is unjustified

July 9, 2022 1215 Views 0 comment Print

The expenditure incurred on Dombivali unit cannot be allocated to only EOU Toluja unit without any basis or sufficient material available on record.

Deduction u/s 80IB(10) includes commercial establishments/ shops also

July 9, 2022 804 Views 0 comment Print

The only issue remains for adjudication is whether the assessee is entitled to claim deduction u/s. 80IB(10) of the Act in respect of housing project undertaken and constructed by it despite the fact that nominal part is commercial area.

No section 54 deduction on Property purchased in the name of married daughter

July 9, 2022 10485 Views 0 comment Print

Assessee had purchased property in the name of married daughter, although she was divorced, but she was an independent for purpose of the Income Tax Act. Therefore, benefit of deduction under section 54 cannot be allowed, when property has been purchased in the name of married daughter

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