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Section 54F exemption cannot be denied for mere non-completion of construction by builder

March 21, 2019 3264 Views 0 comment Print

Sanjeev Sarin Vs ITO (ITAT Delhi) In this case assessee has within stipulated period, made substantial investment towards purchase of new property and just because builder could not complete construction of residential house, claim of exemption under section  54F of Income Tax Act, 1961 cannot be denied. FULL TEXT OF THE ITAT JUDGMENT This appeal […]

Temporary letting of property till Approval of Real Estate Project is Business Income

March 21, 2019 858 Views 0 comment Print

ITO Vs M/s. United White Metal Ltd. (ITAT Mumbai) We noticed that the rental income of the assessee was to the tune of Rs.2,16,00,000/- which has been shown as income from business. However, the AO declined the claim of the assessee on the basis of this fact that the no activity of business was going […]

ITAT held reduction in rent as colorable device to reduce tax burden

March 21, 2019 939 Views 0 comment Print

Jaikishan Shyamsunder Vaswani Vs ACIT (ITAT Mumbai) It is noted that property situated at Flat No.72, L Block, Maker Tower, Cuffe Parade, Mumbai was actually let out to Bank of America during AY 2007-08 @ Rs.2 Lacs per month. However, this rent has drastically been reduced to Rs.25,000/- per month upon receipt of interest-free security […]

No penalty u/s 271D for advance received from promoters in cash through Current A/cs

March 21, 2019 3336 Views 0 comment Print

 Penalty u/s 271D could not be imposed on assessee for advances against sale of flats and cash receipts received from the promoters through their respective current accounts as nothing had been brought on record by Revenue to show that the receipts were superfluous in nature and not for the business of assessee.

CIT(E) cannot examine Income application during Trust Registration U/s. 12AA

March 20, 2019 2760 Views 0 comment Print

Fateh Chand Trust & College Committee Vs CIT (Exemption) (ITAT Agra) Department Can Examine Only Object of the Trust and Not Application of Income at the Time of Granting of Registration of Trust FACTS – Assessee is society, engaged in running and maintenance of Fateh Chand Inter College. College is fully aided by UP Government […]

TDS Not deductible on Passenger Service Fees Collected by Airlines

March 20, 2019 9627 Views 0 comment Print

SF cannot be considered to be a payment made by the assessee airline. PSF is a payment made by the passenger which is only routed through the assessee airline. It is undisputed that the amount handed over by the assessee airline to the Airport Operators has also not been claimed as expenditure by the asssesee in its books of account.

No addition U/s 68 in absence of incriminating material during search

March 20, 2019 945 Views 0 comment Print

No addition could have been made u/s 68 of the Act in view of the fact that no incriminating material was found during the course of search to which this impugned addition could be related.

Payment of professional fee to trustees who are doctors allowable

March 20, 2019 4692 Views 0 comment Print

rofessional fee paid to the trustees, who were qualified doctors were allowable as deduction as it could not be held to be for the direct or indirect benefit of trustees.

Section 54 not restrict exemption to sale of one residential house

March 20, 2019 2649 Views 0 comment Print

ACIT Vs Mr. Bipin N. Sagar (ITAT Mumbai) Appellant has stated that the transfer is of one residential house. The three adjoining flats were merged and made it one residential house not by the Appellant but by previous owner. The Appellant ever since the date of purchase used it as one residential house. There is […]

No section 271C Penalty if TDS duly deducted & remitted at year end

March 20, 2019 1884 Views 0 comment Print

Where assessee duly deducted tax at source under section 194C at the end of the year and remitted the same to Government account, the penalty imposed under section 271C for assessee’s failure to deduct tax at source and remittance to Government account, would not be sustainable.

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