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Section 50C- Value on Sale Agreement date to be adopted & not the value on date of Sale Deed

January 28, 2021 6462 Views 0 comment Print

Prakash Chand Bethala Vs DCIT (ITAT Bangalore) Section 50C provides that where the consideration received or accruing as a result of transfer by an assessee of a capital asset being rent or building or both is less than the value adopted or assessed by any authority for the purpose of payment of stamp duty in […]

LTCG Calculation- Date of Sale Agreement Vs. Sale Deed

January 28, 2021 16653 Views 0 comment Print

Prakash Chand Bethala Vs DCIT (ITAT Bangalore) In the present case, the AO applied the provisions of section 50C of the Act on the basis of Sale Deed executed by the assessee on 9.3.2007. At this stage, it is appropriate to observe that there was an Agreement of Sale executed by assessee on 8.3.1993 and […]

Medical Insurance Premium for Family Members of Employees allowable

January 28, 2021 1203 Views 0 comment Print

Loesche India Pvt. Ltd Vs ACIT (ITAT Delhi) The record reveals that the assessee had paid the insurance premiums of the employees’ family members in terms of employment Rules framed by the assessee-company there for. Therefore, it can hardly be said that the impugned expenditure were not incurred wholly and exclusively for the purpose of […]

Absence of interest income on capital from firm is no bar to claim interest paid on borrowings for contributing capital to firm

January 28, 2021 3387 Views 0 comment Print

Absence of earning any interest income on capital from the firm is no bar to claim the interest paid on borrowings for the purpose of contributing capital to the firm by the assessee as deductible expenditure.

Credit in ‘bank account’ cannot be construed as credit in books under section 68

January 28, 2021 9351 Views 0 comment Print

Vishan Swaroop Gupta Vs ITO (ITAT Jaipur) Credit in the ‘bank account’ of an assessee cannot be construed as a credit in the ‘books’ of the assessee as per section 68 of Income Tax Act, 1961. We observe that credit in the ‘bank account’ of an assessee cannot be construed as a credit in the […]

ITAT deletes Addition for 850 gms gold Jewellery held by Joint Family

January 28, 2021 1332 Views 0 comment Print

ITAT Bangalore ruling on jewellery dispute. Assessing gold bullion, jewellery values. Assessee vs DCIT case details. Read the full judgment.

Income from Land is Agricultural Income if Basic Agricultural Operations performed

January 28, 2021 1323 Views 0 comment Print

Nadeem Mohd. Abdul Vs ITO (ITAT Hyderabad) On a literal reading of Clause (a) of sub-section 1A to Section 2 we find that it refers to any rent or revenue (emphasis supplied by me) derived from land which is situated in India and is used for agricultural purposes. This section does not specify that the […]

No section 80IB(10) deduction to Land owner if no developmental activity by him

January 28, 2021 1260 Views 0 comment Print

ITO Vs Anjli Foundations (ITAT Chennai) The undisputed fact in this case is that the assessee is owner of the land. Therefore, for claiming the deduction u/s. 80IB(10), the assessee has to establish that it had undertaken developmental activities which include activities like undertaking the levelling the road and removal of rock surface in the […]

AO cannot reject Share valuation method adopted  by Taxpayer Arbitrarily

January 28, 2021 1176 Views 0 comment Print

Bharat Elevators & Engineers Private Limited Vs ITO (ITAT Kolkata) There are two limbs in Section 56(2)(viib) of the Act. As per explanation to Section 56(2)(viib) of the Act, the first limb is valuation to be made as per the prescribed method. In fact, the method for valuation of shares is prescribed under Rule 11UA […]

ITAT quashes reopening of assessment as AO not alleged that Assessee failed to disclose material facts during Original Assessment

January 28, 2021 2310 Views 0 comment Print

Since there was no allegation by AO on failure on the part of assessee to disclose fully and truly all material facts necessary for assessment, therefore, reopening of assessment was not based on sound footing and hence the impugned assessment order framed u/s.143(3) r.w.s. 147 was illegal and liable to be quashed.

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