Follow Us:

All ITAT

Assessee can decide Self occupied & Deemed let out property for Taxation

May 14, 2019 3267 Views 0 comment Print

The issue under consideration is whether the assessee having two properties has right to choose Self occupied and deemed let out property for the purpose of taxation?

TDS U/s. 194IA when Consideration to each transferor not exceeds Rs. 50 lakhs

May 13, 2019 5607 Views 0 comment Print

Where individual share of consideration paid towards immovable property purchase by four persons including the assessee amounted to less than Rs. 50 lakhs, the assessee was not liable to deduct tax under section 194IA of Income Tax Act, 1961 even if value of the property purchased under single sale deed was exceeding Rs. 50 lakhs.

Section 54EC Count Six month from additional stamp duty payment date: ITAT

May 13, 2019 2739 Views 0 comment Print

Date of transfer of property to compute the six-months period for the purpose of claiming deduction under section 54EC could not be taken from the date when the purchase agreement was registered because the transfer would complete after additional stamp duty to complete the process of registration was paid by assessee.

No Penalty for Loan in cash for sisters marriage which was repaid through RTGS

May 10, 2019 2730 Views 0 comment Print

: Where there existed reasonable cause for the assessee in accepting the loans in cash and particularly as the loans were repaid by way of RTGS, i.e., via banking channels, penalty levied by AO under section 271D was deleted.

Sham Transactions under the garb of Donation not allowable

May 10, 2019 1218 Views 0 comment Print

Shri Bansilal Bagri Vs DCIT (ITAT Chennai) This is the transaction arranged in such a way that the accommodation entries were made at several entities level and ultimately the money came back to the assessee. Herbicure Healthcare Bio-Herbal Research Foundation of Kolkata involved in the fraudulent and sham transactions, providing accommodation entries and claiming a […]

Liability payable as a consequence of trading transaction cannot be added U/s. 68

May 10, 2019 3135 Views 0 comment Print

Since transaction between assessee and truck owners was a liability which assessee had to pay arising from trade transaction and same could not be added under section 68.

No Netting of profit/loss of eligible units to calculate section 80-IC deduction

May 10, 2019 2178 Views 0 comment Print

No netting of profits and losses of the eligible units was to be done for the purpose of calculating the deduction under section 80-IC and each unit for the said purpose had to be treated separately.

AO must establish existence of international transaction before undertaking benchmarking of AMP expenses

May 10, 2019 1671 Views 1 comment Print

In the instant case, we notice that the TPO has entertained the belief on the basis of presumptions that the assessee’s AMP expenses have promoted the brand value of its AE, i.e., no material has been brought on record to show the existence of International transaction. Before us, the Ld A.R placed his reliance on various case laws.

Exemption u/s 10(23)(iiiad) cannot be denied for mere surplus 

May 8, 2019 3018 Views 0 comment Print

New Amazing Shiksha Society Vs. ITO (Exemption (Ward) (ITAT Delhi) Exemption u/s 10(23)(iiiad) of the Income Tax Act, 1961 should not be denied to the assessee as selling of books and uniform to the students of assessee is part of educational activity only. Moreover, the impugned addition was made merely on the basis that surplus […]

Section 68 not applicable to Share Purchase against Issuance of Share

May 8, 2019 2334 Views 0 comment Print

This is a simple case of acquiring shares of certain companies from certain shareholders without paying any cash consideration and instead the consideration was settled through issuance of shares to the respective parties. Hence, we hold that provision of section 68 of the Act are not applicable in the instant case and accordingly the entire addition deserves to be deleted,

Search Post by Date
June 2026
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
2930