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Section 54F Exemption allowable even if new residential house is purchased in wife’s name

May 25, 2022 22053 Views 0 comment Print

We observed that the exemption was claimed U/s 54F of the Act on this account is Rs. 6,33,190/-. It is further noticed that the Assessing Officer has not disputed the purchase of new house in the name of wife of the assessee though the claim was denied by the AO.

Section 11 & 12 Exemption allowable to Surat District Cricket Association

May 25, 2022 1164 Views 0 comment Print

When the assessee’s main dominant and prime objective was to promote the sports was not desire to earn profits but, object of promoting sports for Nation, it was clearly a charitable purpose. Assessee was entitled for exemption under section 11.

HC set-asides faceless assessment order passed without granting hearing opportunity

May 25, 2022 5367 Views 0 comment Print

Cisco Systems Services B.V. – India Branch Vs DCIT (ITAT Bangalore) In the present case, the Ld.AO passed the draft assessment order u/s. 143(3) r.w.s. 144C (13) of the Act on 23.03.2016 which is accompanied with demand notice issued u/s. 156 of the Act dated 23.03.2016. It is also noticed that in the draft assessment […]

Fresh Reassessment Pending conclusion of first reassessment proceedings is invalid

May 25, 2022 1641 Views 0 comment Print

Shri Jaideep Singh Vs ITO (ITAT Jaipur) A question that arises for con sideration is whether the AO can issue second notice u/s 148 and initiate fresh reassessment proceedings before completion/conclusion of proceedings initiated by way of first notice u/s 148 either by way of dropping the first reassessment proceedings or completing the proceedings by […]

Cash deposited out of sale of agricultural land cannot be treated as unexplained

May 24, 2022 16887 Views 0 comment Print

The assessee deposited this amount of Rs.2.20 crores in his bank account maintained with Punjab National Bank and the inference in which the normal man will draw is that the amount cannot be from any other source except from the transaction of sale of land because it is common in the transactions of immovable properties that there is under hand transactions.

Section 271(1)(c) Penalty not leviable if No specific charge framed against assessee

May 24, 2022 3516 Views 0 comment Print

ITAT Held that since no specific charge was framed either in the show-cause notice or in the body of penalty order and there was failure on the part of Ld. AO to frame specific charge against the assessee, the penalty would not be sustainable in the eyes of law. By deleting the impugned penalty, we allow the appeal.

Section 80IA deduction cannot be disallowed for non-filing of Form No. 10CCB within due date

May 24, 2022 16215 Views 0 comment Print

The tax Auditor has also certified the deduction claimed as per Sl.No.33 of the Form No.3CD therefore, only for want of not filing Form NO.10CCB within the due date the claim of deduction should not be disallowed

Sale of software cannot be treated as royalty under India-Singapore DTAA

May 24, 2022 2532 Views 0 comment Print

ITAT held that the amount received by the assessee from sale of software and provision of software related services cannot be treated as royalty under Article 12(3) of the India – Singapore DTAA.

Initiation of reassessment, based on wrong assumption of facts, is bad in law

May 24, 2022 2010 Views 0 comment Print

Reopening is on the wrong assumption of facts and the information received from another assessing officer would not by itself be the basis to have a belief that the income has escaped assessment. Accordingly, we find the reassessment is bad in law and quash the assessment order passed u/s 143(3) r.w.s 147 of the Act.

Availability of tangible material is pre-conditional for reopening of assessment

May 24, 2022 1245 Views 0 comment Print

Valco Industries Ltd Vs ACIT (ITAT Chandigarh) Facts- The assessee originally filed return declaring total income of Rs.4,83,83,620/- on 28.09.2012 after claiming deduction of Rs.5,75,64,789/- u/s 80IC of the Act. The assessment was completed u/s 143(3) of the Act on 27.03.2015 at an income of Rs.8,07,03,620/- after making an addition of Rs.3,23,20,000/- on account of […]

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