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Weighted deduction allowable for capital expenses on R&D approved by DSIR

July 26, 2022 1050 Views 0 comment Print

ACIT Vs Ecocat India Pvt. Ltd. (ITAT Delhi) There is no quarrel on the proposition that the DSIR has approved the weighted deduction for capital expenses. Those expenses were in a sum of Rs. 2,97,57,596/- which is acknowledged in the assessment order by the AO. What has not been permitted u/s 35(2AB) of the Act […]

Section 56(2)(viib) or Rule 11UA not provides for rounding off of FMV of Shares

July 26, 2022 1206 Views 0 comment Print

Royal Accord Realtors Pvt. Ltd. Vs DCIT (ITAT Mumbai) In a taxing statute one has to look merely at what is clearly said in the section. There is no room for any intendment. There is no concept of equity in tax law. Nothing is to be read in, nothing is to be implied. One has […]

Section 80P(4) not applies to primary agricultural credit societies not entitled for banking license

July 26, 2022 2043 Views 0 comment Print

Sahyadri Vividdhodesha Areca Vs ITO (ITAT Bangalore) Held that object of section 80P(4) was to exclude co­operative banks that function at par with other commercial banks and noted that as primary agricultural credit societies are not entitled for obtaining a banking license would not be hit by this provision. Facts- Assessee is a society registered […]

Expenditure incurred by trust outside India cannot be considered as application of income

July 26, 2022 4185 Views 0 comment Print

Church’s Auxiliary For Social Action Vs ACIT (ITAT Delhi) In the case of India Brand Equity Foundation vs. Assistant Commissioner of Income Tax (E), Trust, Ward-II, New Delhi [(2012) 23 com 323 (Del)] it was held that amount spent outside India for participating in a fare held outside India cannot be treated as application of […]

NFAC should allow hearing via video conferencing under Faceless Appeals Scheme

July 26, 2022 3369 Views 0 comment Print

CIT(A), NFAC has erred in not granting an opportunity to the appellant bank to present the case through the video conferencing as specified under the Faceless Appeals Scheme 2020

Section 68 addition justified for Cash Deposits not Corroborated with Business Receipts or Cash Withdrawals

July 26, 2022 231 Views 0 comment Print

Sneh Developers Pvt. Ltd Vs DCIT (ITAT Delhi) As per the AO, the assessee has not filed return of income and hence notice u/s 148 of the Income Tax Act, 1961 has been issued owing to cash transactions exceeding Rs.10,00,000/-. The AO held that the assessee has not given any details with regard to the […]

Order under Section 234E of Income Tax Act is appealable: ITAT Pune

July 26, 2022 2751 Views 0 comment Print

As per section 246A of the Act, the assessee has a right to file an appeal before CIT(A) against the intimation under section 200A of Act.

HUF Eligible For section 54F Exemption for Property Purchased in Joint Name of Members

July 26, 2022 2043 Views 0 comment Print

S.K. Agarwal (HUF) Vs ITO (ITAT Delhi) It is an admitted fact that during the AY 2015-16, the assessee HUF sold a plot of land and earned capital gain which it claimed exempt under section 54F as the assessee purchased a residential house. The only cause of denial of exemption by the Revenue is that […]

Gain on Property owned by co-owner – ITAT directs CIT(A) to decide appeals simultaneously

July 26, 2022 1614 Views 0 comment Print

AO has made addition u/s.56(2)(vii)(b)(ii) of the Act, towards difference between guideline value and consideration paid for purchase of property as unexplained investment.

Misplacement of Assessment Order by Advocate – ITAT condone delay

July 26, 2022 600 Views 0 comment Print

Assessee has assigned reasons for condoning delay is that, Assessment order been misplaced by Advocate & not handed over the same to assessee

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