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Delayed ESIC and PF payment before filing of IT Return allowable

February 20, 2019 7557 Views 0 comment Print

Ifthe employees’ share of contribution is paid before the due date of filing the return u/s 139(1) of the Income-tax Act, 1961 then no disallowance can be made.

Receipt under Google AdWord Program is Business Profit: ITAT reiterates

February 20, 2019 1500 Views 1 comment Print

Google Ireland taxable in India for the advertisements directly placed by the advertisers under AdWord Program as the same constitute business profits.

297 Page ITAT order in the case of Late Shri Harshad S. Mehta

February 19, 2019 4692 Views 0 comment Print

First we shall deal with the appeals of Late Harshad S. Mehta through Legal Heir Smt. Jyoti H.S. Mehta for AY 1992-93 in ITA No.5702/Mum/2017 of assessee appeal and ITA No.6028/Mum/2017 of Revenue appeal.

Long term vis-a-vis short term: Tenancy right after converting into ownership

February 19, 2019 2592 Views 0 comment Print

Where assessee had tenancy right in property, which was converted into ownership before sale of shop, then period of holding would be determined from the date the assessee acquired ownership of the asset because on purchase of the property the tenancy right was converted into ownership and assessee had sold shop not tenancy right.

Character of agricultural land not changes merely for Sale of Land within one year

February 19, 2019 2022 Views 1 comment Print

Merely because the assessee was not able to generate desired agricultural income from the said land and thus, it sold the said land within one year of its purchase, would not change the character of agricultural land to a non-agricultural land. Consequently, the assessee would be entitled to claim the benefit of exemption under section 10(1).

Section 54F exemption eligible on Property Purchased in wife’s name

February 19, 2019 25821 Views 1 comment Print

Shri Rajkumar Mandhani Vs DCIT (ITAT Hyderabad) In the case before us, the assessee and his wife are independent income tax assessees and the assessee already owned one house at Kilpauk, Chennai. The assessee therefore, cannot be said to have invested in order to avoid capital gains to tax in his hands, as u/s 54F(1), […]

ITAT condones delay caused by delay in getting Signature of Company MD

February 19, 2019 771 Views 0 comment Print

ACIT Vs Nekkanti Sea Foods Ltd. (ITAT Hyderabad) there was a delay of 92 days in filing this C.O. by the assessee, for which an application for condonation of delay was filed by the assessee, wherein, inter-alia, the assessee stated that since there was a delay in getting the signatures of the MD of the company who […]

Unexplained cash credit entries in first year of business cannot be treated as unexplained income

February 19, 2019 1728 Views 0 comment Print

Shri Srinivasa Reddy Yenumula Vs ITO (ITAT Hyderabad) As regards the addition of Rs.18.00 lakhs towards unexplained investment is concerned, the learned Counsel for the assessee placed reliance on the judgment of the Hon’ble Supreme Court of India in the case of CIT vs. Bharat Engg. & Construction Co. reported in (1972) 83 ITR 0187 wherein […]

Reassessment without disposing of assessee’s objection is invalid

February 19, 2019 3495 Views 0 comment Print

Order of reassessment passed without disposing off the objection raised by assessee was invalid as assessee was entitled to raise objection against the reason given in reassessment notice and AO was under mandate to dispose of the same by a speaking order before proceeding to reassess the assessee’s income.

S. 195 TDS deductible on property purchase payment to GPA of NRI

February 19, 2019 12399 Views 0 comment Print

Shri Bhagwandas Nagla Vs ITO (International Taxation) (ITAT Hyderabad) Conclusion: TDS under section 195 was to be deducted in case payment for purchase of immovable property made to GPA (general power of attorney) holder of non-residents because, at best, GPA holder could be considered as only a conduit between assessee and the owners of property […]

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