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All ITAT

Section 54B exemption cannot be Denied for Agricultural Land Purchase in Wife’s Name

February 17, 2023 2349 Views 0 comment Print

ITAT held that deduction under Section 54B/54F of Act is available in cases where investments are made in property purchased in name of wife.

Assessee liable to equal tax on income from house property where joint owner’s shares not mentioned in sale deed

February 16, 2023 4998 Views 0 comment Print

ITAT held that husband and wife will have equal shares in house property purchased by them as joint owners, wherein, sale deed had been executed and shares of co-owners is not specified.

Addition on account of on-money receipts restricted to GP percentage i.e. 15%

February 16, 2023 1479 Views 0 comment Print

ITAT Ahmedabad held that addition on account of on-money received @50% is on a palpably very high side. Accordingly, the same is restricted to Gross Profit percentage i.e. 15%.

Initiation of revisionary proceeding u/s 263 on fishing and roving enquiry is unjustified

February 16, 2023 1398 Views 0 comment Print

ITAT Pune held that initiation of revisionary proceeding under section 263 of the Income Tax Act on a fishing and roving enquiry in the matter without bringing on record any material or evidence is liable to be quashed.

Deduction on account of expense allowable when deduction u/s 80P(2)(a)(i) is rejected

February 16, 2023 1644 Views 0 comment Print

ITAT Bangalore held that if deduction under section 80P(2)(a)(i) of the Income Tax Act is rejected then the deduction on account of expense is allowable.

Replacement/ substitution of HF Reactor is capital expenditure eligible only for depreciation

February 16, 2023 534 Views 0 comment Print

ITAT Chennai held that replacement/ substitution of HF Reactor is capital expenditure and eligible for depreciation only. Such replacement couldnt be considered as current repairs

Interest paid on loan for acquiring commercial property is fully deductible

February 16, 2023 14223 Views 1 comment Print

ITAT Mumbai held that entire interest paid on loan for acquiring commercial property is allowable as deduction. Restriction as provided in 2nd proviso to section 24(b) is not applicable. Hence, the amount of loss under the head ‘income from house property’, which is not set off against the income under the other head of income be allowed to be carried forward as per provisions of section 71B of the Act.

Sale of agricultural land after conversion into non-agricultural land is taxable

February 16, 2023 13488 Views 0 comment Print

ITAT Rajkot held that conversion of agricultural land into non-agricultural land and sale thereof, such sale consideration is received from sale of non-agricultural land and hence the same is taxable under income tax.

Notional interest on debit balance of partner’s account unsustainable as not specified in partnership deed

February 16, 2023 846 Views 0 comment Print

ITAT Delhi held that notional interest on debit balance of partners account not sustainable in absence of information of diversion of interest bearing borrowed funds for non-business purpose. Further, notional interest cannot be charged for taxing in the partners debt balance specifically when there is no discussion in the partnership deed

Merely claiming exemption which was not acceptable to department cannot entail levy of penalty u/s 271(1)(c)

February 16, 2023 693 Views 0 comment Print

ITAT Delhi held that merely making a claim which is not sustainable in law will not amount to furnishing inaccurate particulars entailing levy of penalty under section 271(1)(c) of the Income Tax Act automatically.

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