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Amendment restricting Section 54 deduction to only one residential house is prospective

March 3, 2021 6999 Views 0 comment Print

Sanjiv Ahuja Vs ITO (International Taxation) (ITAT Delhi)  Deduction u/s 54 is restricted to only one residential house by the Finance Act 2014 is prospective in nature and is effective from assessment year 2015-16 and not retrospective in nature and that deduction u/s 54 of the Act in respect of investment made in one residential […]

Only profit embedded in undisclosed turnover can be brought to tax

March 3, 2021 4680 Views 0 comment Print

ITAT Jaipur ruling on undisclosed turnover. Assessing Officer’s order upheld, subject to examination of declared gross profit rate. Legal analysis here.

Memory Loss is not valid explanation for not explaining Cash Deposit Source

March 2, 2021 2697 Views 0 comment Print

Smt. Anasuya Basi Reddy Vs ITO (ITAT Bangalore) The Assessing Officer in the impugned assessment order had made addition of Rs.50,000 as unexplained cash credits in the bank account of the assessee. The said amount has been deposited in Karnataka Bank saving bank account on 07.04.2007 (cash deposit). Before the Assessing Officer, the assessee had […]

No Section 68 addition merely for Common Address & Directors

March 2, 2021 2541 Views 0 comment Print

The A.O. entirely on different reasons that there is a common Director in 03 companies and common address disbelieved the explanation of assessee. It may not be relevant criteria to decide the issue under section 68 of the I.T. Act, 1961.

No TDS on refundable Security Deposits given to Landowners

March 2, 2021 16008 Views 0 comment Print

Prestige Estates Projects Ltd Vs ACIT (ITAT Banglore)  Now the issue before us is with regard to whether the amount paid by the assessee towards interest free security deposit to various land owners whether it constitutes as “Consideration” in terms of Transfer of Immovable Property. In the present case, as per JDA cum General Power […]

No Section 194IA TDS on payment not related to transfer of immovable property

March 2, 2021 3606 Views 0 comment Print

Prestige Estates Projects Ltd. Vs ACIT (ITAT Bangalore) In our opinion, even if it is advance payment, it is not linked to the transfer of immovable property as enumerated in Section 194-IA of the Act, since the condition laid down in Section 2(47)(v) of the Act was not complied with within the meaning of Section […]

No Section 271C Penalty for Non Deduction of TDS If There was Bona Fide & Reasonable Cause

March 2, 2021 2409 Views 0 comment Print

Ghaziabad Development Authority Vs  ACIT  (ITAT Delhi) We find that on the issue of reasonable cause u/s.273B, assessee does has a prima facie case, because as per the CBDT Circular No. 275 dated 21.09.1994, it has been clarified that responsibility for making deduction tax at source u/s. 194A should be that of Collector (Land Acquisition) […]

CSR expenses by Govt Companies under Govt directions allowable

March 2, 2021 849 Views 0 comment Print

RITES Limited Vs Addl. CIT (ITAT Delhi) Perusal of the assessment orders goes to prove that AO has mechanically disallowed the claim of expenditure made by the assessee company towards Corporate Social Responsibility (CSR) and sustainable development without analyzing the fact that assessee company being a Government undertaking is required to incur such expenses as […]

ITAT: Bank crisis ‘reasonable cause’ for not producing documents during assessment

March 1, 2021 729 Views 0 comment Print

Where the business of assessee was discontinued and the premises had been taken over by the Bank as part of its recovery proceedings, the crisis being faced upon consequent action taken by Bank was the reasonable cause which prevented assessee from submitting the requisite information/documents on the notices issued by AO and for remaining non complied with the same.

No wealth Tax on Urban Land after construction of Building by Charitable Trust on the same

March 1, 2021 1302 Views 0 comment Print

Shri S. Peter Vs Asst. Commissioner of Wealth Tax (ITAT Chennai) The solitary issue that came up for our consideration from the given facts and circumstances of this case is, whether the lands owned by the assessee and leased to trusts comes under the definition of ‘asset’, as defined u/s.2(ea) of the WT Act, or […]

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