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All ITAT

Change of Branch Manager not sufficient reason for delay in appeal filing

July 30, 2022 126 Views 0 comment Print

Due to change of Manager of Branch and appeal order was not noticed by manager, hence assessee could not file appeal within period of limitation is not acceptable

Waiver of loan amounts to cessation of liability other than trading liability

July 30, 2022 1299 Views 0 comment Print

The waiver of loan amounts to cessation of liability other than trading liability, thus, the said amount cannot fall under Section 28(iv) will not be applicable.

No disallowance for interest if own funds exceeds investments in OPCD

July 30, 2022 819 Views 0 comment Print

DCIT Vs Macrotech Developer Ltd (ITAT Mumbai) ITAT concur with the view taken by the CIT(A) that as the assessee had own funds which were far more than the investments in OPCD, therefore, the presumption would be that the investments were made from own funds and no disallowance of any part of interest expenditure claimed […]

Accountant not become technical person for writing Accounts of 2 firms

July 30, 2022 18018 Views 0 comment Print

Salary of accountant cannot be treated as professional service for managing books of two firms to invoke TDS under section 194J

ITAT deletes addition of share of profit from Partnership Firm

July 30, 2022 624 Views 0 comment Print

Ajay Verma Vs ITO (ITAT Lucknow) Asessing Officer made the additions on account of 50% share of profit and partner’s salary as the Assessing Officer has held that no ITR/balance sheet/P&L account of Partnership Firm was filed to substantiate the claim. Before CIT(A) assessee filed detailed ITR of the firm and also filed the copy […]

No Section 54B exemption on Agricultural Land Purchased in Name of Wife

July 30, 2022 2013 Views 0 comment Print

An assessee can purchase an asset or a part thereof in the name of his wife but he would not be entitled then to the benefit of Section 54B.

Surplus returned from Common contributed Fund cannot be treated as profit

July 30, 2022 246 Views 0 comment Print

Where a number of persons combine together and contribute to a common fund for the financing of some venture or object and in this respect have no dealings or relations with any outside body, then any surplus returned to those persons cannot be regarded in any sense as profit.

Computation of deduction u/s 36(1)(viii) of Income Tax – Housing Finance Company

July 30, 2022 432 Views 0 comment Print

ACIT Vs PNB Housing Finance Ltd. (ITAT Delhi) Income Tax Appellate Tribunal (ITAT), New Delhi bench consisting of Anil Chaturvedi, Accountant Member and Narender Kumar Choudhary, Judicial Member granted relief to Punjab National Bank Housing Finance Limited and Confirmed the order of Commissioner of Income Tax of computing rebate under Section 36(1)(viii). The assessee, Punjab […]

Section 50C not attracted in case of transfer of leasehold rights

July 29, 2022 3114 Views 0 comment Print

DCIT Vs Envair Electrodyne Ltd. (ITAT Pune) ITAT find no merit in the Revenue’s argument in principle that section 50C gets attracted even in case of transfer of leasehold rights which does not come within the nature and ambit of specified asset(s) of ‘land or building or both’ in the statutory provision. We thus, conclude […]

No addition for Typographical Error in Share Valuation Report

July 29, 2022 375 Views 0 comment Print

Sara Investments Vs ACIT (ITAT Delhi) The contentions of the assessee are that the assessee firm was holding less than 10% of shares in SSPL. It had paid for 9.38% of the shares only which are held in the name of partner Mr. V.K. Dhawan and the partners are holding the shares in their personal […]

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