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Penalty not sustainable if Assessment order not passes mandate of Section 271AAB

February 11, 2021 2229 Views 0 comment Print

Shiv Bhagwan Gupta Vs ACIT (ITAT Patna) A perusal of assessment order reveals that the assessing officer has not mentioned about unearthing of any undisclosed income as defined u/s 271AAB of the Act during search action carried out at the premises of the assessee. In my view, the income declared by the assessee in the […]

Deduction allowed on share of freehold conversion charges, stamp duty etc. for converting property into freehold

February 11, 2021 4692 Views 0 comment Print

Assessee had rightly claimed the deduction on account of improvement in the property being improvement in title of the property on being converted from leasehold Nazul land to freehold property as getting the property freehold will grant perfect ownership rights/title in favour of the existing lessee’s, who would then be in a position to transfer/sell the property.

No Section 68 Addition for Unsecured Loans merely for Low Income declared by creditors

February 11, 2021 11907 Views 0 comment Print

Hindon Forge Vs DCIT (ITAT Delhi) It is not in dispute that assessee filed confirmation of all the creditors supported by their computation of income, acknowledgment of filing of the returns, copy of the balance-sheet, copy of the ledger account of the assessee in their books and bank statements. Copies of the same are also […]

ITAT upheld Addition for cash deposited in bank during demonetization period for failure to explain Source

February 11, 2021 3465 Views 0 comment Print

Leela Devi Vs ITO (ITAT Delhi) It is not in dispute that assessee made cash deposit of Rs. 15 lakhs in her bank account during demonetization period. The assessment year under appeal is 2017-18 and the assessee deliberately filed the return of income belatedly on 25.03.2018. The assessee explained before AO the source of the […]

Time limit of reckoning for section 54 is to be read as 139(4) & not as 139(1)

February 10, 2021 4347 Views 0 comment Print

Harminder Kaur Vs ITO (ITAT Delhi) In the instant case, the assessee has claimed deduction under section 54 of the Act against booking of flat before the due date of filing of return under section 139(4) of the Act. The Assessing Officer and the Learned CIT(A) has denied the deduction on two grounds. Firstly, the […]

Allowability of Interest on capital borrowed for acquisition of asset

February 10, 2021 3909 Views 0 comment Print

Golf View Homes Limited Vs ACIT (ITAT Bangalore) From a perusal of the order of AO/CIT(A) it is clear that the disallowance has been made on the basis of the proviso to Sec.36(1)(iii) of the Act. There is no dispute that the interest free loans were given for the purpose of business of the Assessee. […]

AO cannot simply deny claim of Assessee of use of premises for business without investigation

February 10, 2021 1239 Views 0 comment Print

ITAT rules in favor of Anilbhai Chunilal Bhayani, rejecting AO’s disallowance of transportation expenses. Assessee’s explanations and documents deemed sufficient.”

Section 50C of the Act does not operate to change year of transfer

February 10, 2021 1770 Views 0 comment Print

Ayi Vaman Narasimha Acharya Vs DCIT (ITAT Bangalore) Under section 45(1) of the Act, the charge on capital gain is in the year of transfer. Section 45(1) of the Act clearly lays down that any gain arising on the transfer of the capital asset effected in the previous year shall be chargeable to income tax […]

Mere Vague Air Information of Cash Deposit Not Sufficient to believe Escapement of Income

February 10, 2021 4251 Views 0 comment Print

Harmeet Singh Vs ITO (ITAT Delhi) At the time of hearing, Ld. Counsel of the assessee has only argued the legal ground and stated that the reopening action of the AO and confirmation thereof by the Ld. CIT(A) is in violation of mandatory jurisdictional conditions stipulated under the Act. It was further stated that the […]

Delhi School was allowed to claim carry forward of losses

February 9, 2021 1419 Views 0 comment Print

Adjustment of deficit of current year against income of subsequent year would amount to the application of income of the trust for charitable purposes in subsequent years within the meaning of section 11(1)(a).

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