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Rural Advances shown in HO accounts eligible for deduction u/s 36(1)(viia)

August 1, 2022 1230 Views 0 comment Print

ACIT Vs Dharmapuri District Central Co-operative Bank Ltd. (ITAT Chennai) The material facts are that during assessment proceedings, the assessee’s claim of deduction u/s 36(1)(viia) was examined by Ld. AO. As per the statutory provisions, the assessee was entitled to claim deduction for an amount not exceeding 7.5% of total income and an amount not […]

Debatable Issue cannot be adjusted in Section 143(1) intimation

August 1, 2022 2046 Views 0 comment Print

Tangar Exports LLP Vs ACIT (ITAT Chennai)  The Assessing Officer has made adjustment of total income computed in the intimation received u/s.143(1) of the Act, towards deduction claimed u/s.80JJAA of the Act, in respect of employment of new employees on the ground that the assessee has not satisfied conditions prescribed therein, including filing of audit […]

Section 263 order justified if AO failed to rightly compute Capital Gain on Sale of Land

August 1, 2022 177 Views 0 comment Print

Dhanalakshmi Mills Ltd. Vs DCIT (ITAT Chennai) Admittedly, the Assessing Officer has caused necessary inquiries with regard to computation of long term capital gain derived transfer of property and has computed capital gain by taking into account cost of acquisition claimed by the assessee without disturbing consideration received from transfer of property, even though, there […]

Section 54 Deduction on Multiple Residential Houses allowable if Units are in Same Physical Location

August 1, 2022 2601 Views 0 comment Print

In the present case the claim of deduction under section 54 of the Act is for a residential house built up on three adjacent contiguous plots. He further observed that the principle of multiple residential houses/units holds good till these units are in same physical location and contiguous to each other.

Usurpation of jurisdiction by AO to reopen assessment is legally untenable

August 1, 2022 441 Views 0 comment Print

Srijal Gupta Vs ITO (ITAT Amritsar) After a thoughtful observation of the fact of the case we decided that the reopening was made u/s. 148 related to purchase of property amount to Rs.9,53,750/-. But after completion of assessment, the ld. AO had accepted the assessee’s investment and had not added any amount related to source […]

Eviction Charges Paid for clearing encroachments allowable as Business Expense

August 1, 2022 492 Views 0 comment Print

Orchid Foundations Pvt. Ltd Vs ITO (ITAT Chennai) The intended purchaser i.e., M/s SVC made efforts for clearing the encroachments and incurred expenditure of Rs.811.75 Lacs which were paid through banking channels. The details of payment as well as the bank statement and acknowledgement / receipts were already furnished to Ld. AO during the course […]

ITAT Imposes Cost on Assessee for negligence to Income Tax Notices

August 1, 2022 252 Views 0 comment Print

Satya Prakash Vs ITO (ITAT Delhi) ITAT consider it necessary to impose a token cost of Rs.2,000/- to the assessee in aggregate owing to continued negligence shown to the statutory notices at both the levels. The assessee shall deposit the cost awarded in favour of ‘The Prime Minister Relief Fund and receipt thereof shall be […]

Equipment Lease Rent paid Without Acquiring Ownership is Revenue Expense

August 1, 2022 1656 Views 0 comment Print

Sundaram Infotech Solutions Ltd Vs ITO (ITAT Chennai) We find that there is no quarrel on the proposition since the only dispute under the appeal is tax treatment under finance lease. The operating lease transactions have not been disturbed by Ld. AO and the only dispute is qua deduction of principal component under finance lease […]

Ambiguity in penalty notice & findings make order levying penalty void ab initio

August 1, 2022 663 Views 0 comment Print

Triune Energy Pvt Ltd Vs DCIT (ITAT Delhi) In regard to second charge for which penalty is levied for interest on TDS it can be observed that the ld AO in his assessment order had not mentioned a word regarding his satisfaction for proceeding with penalty proceedings u/s 271(1)(c) of the Act while passing the […]

Section 68 addition merely for non-registration of MOU not sustainable

August 1, 2022 795 Views 0 comment Print

Vishwanath Ramchandra Panvelkar Vs DCIT (ITAT Mumbai) We notice that the AO has expressed doubt only on the MOU entered by the assessee with M/s Samarth Enterprises, since it was not registered. However, the AO is placing reliance on the very same MOU to express the view that the assessee should have forfeited the advance […]

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