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ITAT allows Section 54F Exemption to Actor Sanjay Dutt

April 30, 2022 1329 Views 0 comment Print

Sanjay S. Dutt Vs ACIT (ITAT Mumbai) The solitary issue urged in the present appeal by the ld. Representative for the assessee is with regard to assessee’s claim of exemption under section 54F of the Act. Undisputedly, the assessee was joint owner of property having 27% share. The 73% share in property was that of […]

Section 54 exemption eligible on Expense for making house habitable

April 30, 2022 2151 Views 0 comment Print

Hiren Himmatsingh Rathod Vs ITO (ITAT Ahmedabad) It is a fact that the assessee had incurred the cost for making the new property inhabitable before taking over possession of the same but considering the provision of the act we do not find any embargo in granting relief to the assessee under Section 54 of the […]

Truck Body replacement expense is revenue expenditure

April 30, 2022 1908 Views 0 comment Print

Ashim Krishna Bhatta Vs ACIT (ITAT Kolkata) ITAT note that the assessee is an operator of trucks and lorries on hire. During the year, the assessee has incurred expenditure on replacements of old truck bodies which was treated as revenue expenditure however wrongly shown under the head depreciation by claiming 100% of the said expenditure […]

Exception to Monetary Limit for filing Appeal not applies if Assessee discloses all about foreign income

April 30, 2022 2658 Views 0 comment Print

JCIT Vs ADF Foods Ltd. (ITAT Ahmedabad) In this case, the assessee himself has claimed that certain payments are covered in provisions of Section 5, 9, 195 of the Act and also under DTAA. Therefore, tax was not applicable. As per this letter, the assessee has explained that it is engaged in the business of […]

No TP adjustment for loan & advance for investment in equity or for benefit in business

April 29, 2022 2124 Views 0 comment Print

Lambda Therapeutic Research Ltd. Vs DCIT (ITAT Ahmedabad) We find that the assessee has not demonstrated any benefit derived from its associated enterprises namely Lambda USA whereas it has advanced interest free loan of EURO 49,999/-. Thus, the question arises whether there is a need to make any adjustment on account of notional interest under […]

Section 147 proceedings invalid as addition was made under section 56 for escapement of income of capital gain

April 29, 2022 3225 Views 0 comment Print

Smt. Nalini Anilbhai Amin Vs DCIT (ITAT Ahmedabad) The proceedings, in the instant case, under section 147 of the Act were initiated by the AO on account of escapement of income of the capital gain generated on the sale of the property. This fact can be verified from the reasons recorded by the AO for […]

ITAT allows treating Turnover of Intraday Equity transactions on Net basis

April 28, 2022 2430 Views 0 comment Print

Explore ITAT Kolkata’s ruling in Anju Chamaria vs ITO regarding 271B penalty. Analysis of turnover, audit requirement, and key legal insights provided.

Deemed rent concept not applies to property held as stock-in-trade

April 27, 2022 6984 Views 0 comment Print

If property is used as stock-in-trade, then it would become and partake character of stock and any income derived from stock would be ‘income from business’ and not ‘income from house prperty.

AO Should Specify Proper Limb under Section 271(1)(c) of Income Tax Act

April 27, 2022 2028 Views 0 comment Print

Pranav Kumar Vs DCIT (ITAT Delhi) We have carefully considered the rival submissions made by both the sides and perused the material on record. The issue in the present appeal is with respect to levy of penalty under section 271(1)(c) of the I.T. Act, 1961. In the present appeal, the show cause notice dated 27.11.2017 […]

AO to make disallowance of 25% as assessee didn’t furnish details of exp. incurred to earn agricultural income: ITAT

April 27, 2022 4107 Views 0 comment Print

Assessee had not explained expenses incurred for earning agricultural income, Assessing Officer was to be directed to make a disallowance to extent of 25 per cent of expenditure on account of earning of agricultural income and pass an order accordingly

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