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No Wealth Tax on Commercial Asset which is Capable of being put to Productive Use

October 10, 2018 1686 Views 0 comment Print

M/s. Chavva Estates Private Vs Wealth Tax Officer (ITAT Hyderabad) We find that as long as the assessee owns the commercial asset, which is capable of being put to productive use, the said commercial asset is not exigible to Wealth Tax. In this case, the assessee along with two other companies owns the theatre but […]

Exemption U/s. 10(37) valid on Compulsory acquisition of agricultural land though Sale price fixed on negotiated settlement

October 10, 2018 41229 Views 1 comment Print

In the instant case, the entire procedure prescribed under the Land Acquisition Act was followed, only price was fixed upon a negotiated settlement. Therefore, in view of the above judgment of the Hon’ble Apex Court (supra), we hold that the acquisition of the urban agricultural land was a compulsory acquisition and the same would be entitled to the benefit enumerated in section 10(37) of the I.T.Act. It is ordered accordingly.

Concluded assessment cannot be disturbed if no incriminating material found during search

October 10, 2018 2013 Views 0 comment Print

Unabated/concluded assessment, on the date of search, deserved to be undisturbed in the absence of any incriminating material found during search and accordingly impugned addition was deleted.

Interest paid by Indian Branch to Its foreign HO allowable

October 7, 2018 3126 Views 0 comment Print

DCIT Vs Mizuho Corporate Bank Ltd. (ITAT Mumbai) We shall now advert to the issue as regards the allowability of the interest paid by the branch of the assessee bank to its head office as an expenditure in the hands of the branch office. We find that the claim of the assessee as regards the […]

Interest on late deposit of TDS allowable u/s 37

October 5, 2018 103746 Views 0 comment Print

Interest expenses claimed by assessee on account of delayed deposit of TDS liability was allowable under section 37(1) as the TDS amount did not represent the tax of  assessee but it was the tax of the party which had been paid by assessee. 

No Sec 80P Deduction to Co-operative Society Operating in more than One Taluk

October 5, 2018 1194 Views 0 comment Print

ITO Vs Ernakulam Cooperative Agricultural & Rural Development Bank Limited (ITAT Cochin) Section 80P(2)(a)(i) was denied for two reasons by the Assessing Officer. The CIT(A) while allowing the claim of the assessee had not adjudicated the issue whether the assessee can be granted deduction u/s 80P, when the assessee’s area of operation is confined to […]

Income shown as agricultural but not proved is taxable as other Income

October 4, 2018 5376 Views 0 comment Print

Income-tax Authorities have correctly held that the assessee was not in receipt of Rs. 12,36,000 as agricultural income. Having held Rs. 12,36,000 as not agricultural income, the sum that is credited to the book of account has to be necessarily added as income from other sources u/s 68 of the I.T.Act.

Income of Indian Plastics Institute from technical lectures, seminars and workshop is exempt

October 4, 2018 816 Views 0 comment Print

M/s. Indian Plastics Institute Vs Assistant Director of Income Tax Officer (ITAT Mumbai) Considering that the activities of the assessee-trust are for advancement and development for the benefit of its members and public, the art, science, technology and engineering of plastics, natural and synthetic and other related materials which is achieved through regular technical lectures, […]

Penalty U/s. 272A(1)(c) justified for deliberate defiance by assessee

October 4, 2018 13794 Views 0 comment Print

Young Indian Vs Addl. DIT (Inv.) (ITAT Delhi) There was a deliberate defiance on the part of the assessee for non-submission of the same under the pretext that some of the details are available in the records of the Income Tax Department or some of the details are available in the Website of the Ministry of […]

ITAT on addition for share application money received from bogus shareholders

October 4, 2018 2421 Views 0 comment Print

ACIT Vs Goldmohur Design And Apparel Park Ltd (ITAT Mumbai) Bombay High Court in CIT vs Gangadeep Infrastructure Pvt. Ltd. (394 ITR 680)(Bom.) held in this context to the pre-amended section 68 has held that where the Revenue urges that the amount of share application money has been received from bogus shareholders then it is […]

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