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Section 263 Revisional Jurisdiction cannot be Invoked for mere Change of Opinion

January 17, 2022 1782 Views 1 comment Print

Jaydeep J. Patel (HUF) Vs ITO (ITAT Ahmedabad) ITAT Ahmedabad Bench in an identical case where revisionary powers were exercised for directing detailed inquiry on agricultural expenses incurred, held that where the AO had accepted agricultural income after conducting due inquiries no revision u/s 263 can be done and that it tantamount to mere change […]

Saving of Rs. 2.5 Lakh by 80 Year Old Assessee cannot be doubted: ITAT

January 16, 2022 1677 Views 0 comment Print

M. K. Kempasiddaiah Vs ACIT (ITAT Bangalore) Since no documentary evidence was filed, the AO treated the sum of Rs.2,50,000/- was unexplained investment which the CIT(A) confirmed. It is the plea of the assessee that the assessee is a 80 years old person and his savings to the extent of Rs.2,50,000/- cannot be doubted. After […]

Internal TNMM preferred over external TNMM considering a higher degree of comparability

January 15, 2022 3372 Views 0 comment Print

Neilsoft Private Limited Vs DCIT (ITAT Pune) This appeal by the assessee is directed against the final assessment order dated 13-04-2021 passed by the Assessing Officer u/s 143(3) r.w.s. 144C(13) r.w.s. 143(3A) & 143(3B) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) in relation to the assessment year 2016-17. 2. The only […]

No Section 50C addition for variation of upto 10% of stamp duty value

January 15, 2022 9426 Views 0 comment Print

Mamatha Divakar Shetty Vs ITO (ITAT Hyderabad) In the statement of LTCG, the assessee had not adopted the market value/SRO value as sale consideration as per section 50C of the Act. In AY 2012-13, the assessee computed LTCG by adopting market value of Rs. 9,44,98,000/- and the assessee being 1/4th share beneficiary of Rs. 2,09,62,515/-, […]

ITAT allows Rental Income from subleasing of commercial properties for more than 12 Years as House Property Income

January 14, 2022 2091 Views 0 comment Print

DCIT Vs Pfizer Ltd (ITAT Mumbai) AO treated the rental income of Rs. 5,47,89,000/- received by the assessee from subleasing of commercial properties as income from business as against claim of the assessee being income from house property on the ground that renting out of premises amounts to commercial exploitation for business purpose by the […]

ITAT deletes addition on account of Client Code Modifications

January 14, 2022 5820 Views 0 comment Print

DCIT Vs Futurz Next Services Ltd. (ITAT Delhi) In the instant case it is an admitted fact that the assessee is not a member of any exchange and cannot execute Client Code Modifications (CCM) and the transactions on account of CCM done by the group concerns are not found to be false or untrue and […]

ITAT upheld addition of unexplained Rs. 12.81 crore deposited in Bank

January 14, 2022 11355 Views 0 comment Print

Arun Duggal Vs DCIT (ITAT Delhi) Brief facts of the case are that information has been received from investigation division of the Income Tax department with regard to the two bank accounts maintained by the assessee which have not been disclosed to the Income Tax Department. Based on the information received, the Assessing Officer having […]

License fees paid for right to use telecommunication spectrum is revenue expenditure

January 14, 2022 4644 Views 0 comment Print

Whether licenses fee which give assessee company long term right to use telecommunication spectrum and the annual extension of the same be considered as capital expenditures

ITAT explains Basic modus of providing bogus LTCG- Upheld addition

January 14, 2022 6411 Views 0 comment Print

Abhinav Agarwal Vs DCIT (ITAT Delhi) Snapshot of Basic modus of providing bogus LTCG 1. Merger of Unlisted companies with Listed Entity: This is the most preferred option for the persons willing to operate for the purpose of doing Long Term capital Gains. In case of the mergers with listed companies, the merger petition has […]

Disallowance cannot be made on issues which are not subject matter of limited scrutiny

January 14, 2022 1887 Views 0 comment Print

A.O. has not made any addition/disallowance on those two counts for which the case was selected for limited scrutiny, but he has made certain additions on an issue which was not the subject matter of limited scrutiny and there is nothing on record to suggest that the A.O. has taken necessary approval from the PCIT/CIT for converting the limited scrutiny to full scrutiny. Therefore, on this issue also the A.O. is not justified in making the disallowance of interest expenditure.

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