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Section 54F deduction restricted to only one residential property

July 31, 2020 5634 Views 0 comment Print

The issue under consideration is whether the capital gain deduction benefit is restricted to only one residential property under section 54F of the Income Tax Act?

A flat buyer acquire vested right in flat upon payment of consideration & execution of allotment letter

July 31, 2020 6378 Views 0 comment Print

Yogesh Mavjibhai Gala Vs PCIT (ITAT Mumbai) A flat buyer acquire vested right in the flat upon payment of consideration and execution of allotment letter The holding period for the purpose of capital gain for income tax is calculated from the date of allotment of flat and not from the date of possession of flat. […]

Higher profit rate cannot be estimated merely based on suspicion & conjectures

July 31, 2020 6426 Views 0 comment Print

Assessee produced all books of account, vouchers, bills and other documents but AO without pointing out any mistake and error in the bills/vouchers and without rejecting books of account, made addition @8%. On basis of suspicion and conjectures that assessee might be inflating its expenses and showing net profit ratio at a very low rate. Therefore, ends of justice would be met, if net profit rate of 2.50% was adopted.

Section 154 Debatable Point of Law is Not a Mistake Apparent from Record

July 31, 2020 12903 Views 0 comment Print

The issue under consideration is whether decision based on a debatable point of view can be treated as a mistake apparent from the record?

No TDS on payments to NRI for Purchase of Raw Materials

July 31, 2020 4338 Views 0 comment Print

The issue under consideration is whether the provisions of deduction of tax at source (TDS) would be applicable in case of payments made to non-resident Indian for the purchase of raw materials?

ITAT extends Stay of demand as Delay was Not Attributable to Assessee

July 31, 2020 2367 Views 0 comment Print

Infosys Ltd. Vs The ACIT (ITAT Bangalore) The issue under consideration is whether the stay application seeking an extension of the stay approve by the Tribunal? In the present case, the assessee submitted that the appeal had been fixed for hearing on January 20, 2020, when the earlier stay order was passed. Thereafter, the case […]

IDC receipts for State Government cannot be taxed in the Hands of Assessee

July 31, 2020 1656 Views 0 comment Print

The issue under consideration is whether the CIT(A) is correct in upholding IDC receipts as normal trading receipts ignoring that the money belongs to state government?

Share application money cannot be treated as Loan unless Transaction is bogus

July 31, 2020 6174 Views 0 comment Print

It is not open to the revenue authorities to recharacterize the transaction unless it is found to be a sham or bogus transaction. While there are no specific powers vested in the TPO to recharacterize the transaction, even under the judge made law, such rechracterization can be done by the revenue authorities when the transactions are found to be substantially at variance with the stated form.

No Addition u/s 40A(3) for Advance Returned Back to Customer in Cash

July 31, 2020 1764 Views 0 comment Print

The issue under consideration is whether the addition u/s 40A(3) for advance which is returned back to the customer in cash is justified in law?

No section 23 Addition of Notional Rent for Vacant Property

July 30, 2020 6621 Views 0 comment Print

The issue under consideration is whether the addition on account of notional rent in respect of vacant property is justified in law?

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