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Addition justified for unexplained deposits in undeclared bank account

October 26, 2018 1257 Views 0 comment Print

Since the bank account in which assessee made huge cash deposits found during the course of search was not declared by assessee and assessee had not filed return for the year under consideration, therefore, the same constituted seized material so as to invoke section 153C in assessee’s case.

Travel expenses for seminar conducted abroad for medical practitioners with financial aid of Pharmaceuticals Company allowable

October 26, 2018 2484 Views 0 comment Print

Travelling expenses incurred on seminar conducted in abroad by assessee-company with the financial aid of the pharmaceuticals company was justified as the same did not give any scope to treat the same for the purpose other than the business of assessee-company so far it related to the medical practitioners.

S. 50C Addition without reference to Valuation Officer not justified

October 26, 2018 4827 Views 0 comment Print

Jayashree Kothari Vs ITO (ITAT Hyderabad) Sec. 50C(2) enables the Assessing Officer to make a reference to the Valuation Officer. Whenever a reference is made by the AO to the Valuation Officer, such reference has to be construed as a reference made under sec. 16A(1) of the Wealth-tax Act. We have also carefully gone through […]

AO cannot disallow Sum credit in books under Section 68

October 26, 2018 2499 Views 0 comment Print

The issue under consideration is whether the addition made by AO u/s 68 of Income tax Act, 1961 is justified in law?

Section 54 / 2(47): Unregistered agreement creates a right in favour of buyer

October 26, 2018 13518 Views 0 comment Print

Gautam Jhunjhunwala Vs ITO (ITAT Kolkata) in the light of the definition of ‘transfer’ as defined u/s. 2(47) of the Act it is clear that when any right in respect of any capital assets is extinguished and that right is transferred to someone, it would amount to transfer of a capital asset. In the light […]

Section 54- Purchase date is date of possession of flat on which assessee pays final consideration

October 26, 2018 54126 Views 1 comment Print

ITO Vs Sunil Shiv Khanna (ITAT Mumbai) We are of the view that the assessee’s claim of deduction u/s. 54 of the Act is to be reckoned from the date of handing over of the possession of the flat by the builder to the assessee i.e. 11.09.2009, and if we take that date, the assessee […]

Land with no agricultural activities situated within 8 km. of local municipal limits is capital asset

October 26, 2018 13143 Views 0 comment Print

Girdhari Lal Vs ITO (ITAT Delhi) The test for determining whether the impugned land is agriculture bear mainly on the nature or character of the land, and not merely on the actual user or non-user at a particular point of time. If the land is not actually appropriated for agricultural purposes, the minimal requirement is […]

Date of allotment of property is relevant to compute holding period of property

October 26, 2018 4326 Views 0 comment Print

DCIT Vs Deepak Shashi Bhusan Roy (ITAT Mumbai) The coordinate bench of Tribunal in Anita D. Kanjani (supra) held that in order to determine the nature of asset income of section 2(42A), holding period is to be computed from date of issue of allotment letter and not from the date when agreement to sell was […]

Charitable Entity can’t be Taxed because some element of its income is exempt from Principles of Mutuality: ITAT

October 25, 2018 1353 Views 0 comment Print

All India Rubber Industry Association Vs. ADIT (E) (ITAT Mumbai) The Mumbai bench of the Income Tax Appellate Tribunal ( ITAT ) has held that a charitable entity cannot be denied the tax benefits merely because some element of its income is exempt from the Principles of Mutuality. The objects of the assessee are for […]

Interest earned by banking co-op society deductible u/s 80P(2)(a)(i)

October 25, 2018 5250 Views 0 comment Print

Interest earned by co-operative society, engaged in banking business, out of investment made with co-operative bank deductible u/s 80P(2)(a)(i)

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