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IPA received as Subsidy is Capital in nature & hence Not Taxable

May 29, 2020 2724 Views 0 comment Print

The issue under consideration is whether industrial Promotion Assistance (IPA) received by the assessee-Company from the West Bengal Government is taxable under income tax?

Date of possession as date of purchase of flat for Section 54F exemption allowed

May 29, 2020 10227 Views 0 comment Print

The contention of the assessee is that since final consideration was paid and the possession of flat was received within a period of one year prior to the date of transfer of capital asset, the same should be considered as the date of purchase. Whereas, the stand of Department is that the date of execution of agreement for purchase of flat should be considered as the date of purchase.

No TDS on harvesting charges paid on behalf of farmers as agent

May 29, 2020 5457 Views 0 comment Print

The issue under consideration is whether the disallowance made u/s 40(a)(ia) of the Act for non-deduction of tax at source from the payment made towards Harvesting charges is justified in law?

Section 54F – No disallowance for non Compliance of procedural requirement

May 29, 2020 1602 Views 0 comment Print

Shri Kasi Viswanathan Ramnathan Vs ITO (ITAT Chennai) The issue under consideration is whether the denial of exemption under section 54F by CIT(A) is justified in law? In the present case, assessee has claimed the exemption u/s 54F in the return including the amount which had not been utilized before 31.07.2012. But later the assessee utilized the entire sale […]

MBBS Seat Blocking Scam | Suppression of Fees | Decision in favour of Assessee

May 29, 2020 1458 Views 0 comment Print

Explore the ITAT Bangalore case Ananda Social & Education Trust vs ACIT. Analysis of MBBS Management Quota fees suppression and legal conclusions. Learn more.

Deeming section 50C cannot override section 45(3)

May 29, 2020 7071 Views 0 comment Print

The issue under consideration is whether A.O. is correct by adding long term capital gains by applying section 50C in case where land is transferred by the partner in his firm as capital contribution?

No addition for Share Premium for mere non-production of directors of investor companies

May 29, 2020 864 Views 0 comment Print

Satyam Smertex pvt. Ltd. DCIT (ITAT Kolkata) In this case on hand, the assessee had discharged its onus to prove the identity, creditworthiness and genuineness of the share applicants, thereafter the onus shifted to AO to disprove the documents furnished by assessee and the documents produced by the assessee cannot be brushed aside by the […]

ITAT remits back case of Actor Dulquer Salmann to AO

May 29, 2020 975 Views 0 comment Print

ITAT Remit Back the case of Actor Dulquer Salmann (Assessee)  back to Assessing Officer (AO) as Information reconciling  source for investments which were added as undisclosed income were placed before it but not placed before AO.

Revised minimum threshold limit of tax effect also applies to pending appeals 

May 28, 2020 21978 Views 0 comment Print

Revised enhanced minimum threshold limit of tax effect of Rs. 50,00,000 vide recent CBDT Circular No. 17/2-19, dt. 8-8-2019 was applicable not only for appeals to be filed by revenue in future; but also for appeals already filed by revenue in ITAT. Accordingly, all existing appeals in ITAT, having tax effect below revised/enhanced limit of Rs. 50,00,000, had to be treated as withdrawn/not pressed, and therefore, not maintainable.

Assessment without Section 143(2) notice is not justified in law 

May 27, 2020 2760 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct by annulling the assessment order on the ground that no notice under section 143(2) was issued before the completion of assessment?

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