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Skill Development activity eligible for Registration under section 12AA

July 3, 2022 1512 Views 0 comment Print

C. R. Dadhich Memorial Society Vs CIT(E) (ITAT Delhi) Training means & constitutes a basic concept in human resource development. It is concerned with developing a particular skill to a desired standard by instruction and practice. Training is a highly useful tool that can bring a person into a position where they can do their […]

Cost perceived by donor of Gift cannot be considered as Cost of acquisition

July 3, 2022 2334 Views 0 comment Print

Saireddy Pruthviraj Reddy Vs ITO (ITAT Hyderabad) It is pleaded by the assessee before us that while receiving the flat No. 914, the mother of the assessee valued the same at Rs. 27,23,000/-and offered to tax the capital gains arising therefrom. On this premise the assessee insists that the cost of acquisition of plot No. […]

AO cannot disallow agricultural expenses without any rational basis

July 3, 2022 1062 Views 0 comment Print

Shrikrishna Khandsari Sugar Mills Vs ITO (ITAT Pune) The only issue raised in this appeal is against the confirmation of disallowance of Rs.4,19,970/- made by the Assessing Officer (AO) in respect of agricultural expenses. Briefly stated, the facts of the case are that the assessee has been engaged in manufacturing and trading in Khandsari sugar […]

No penalty for Addition on Estimation Basis under section 271(1)(c)

July 3, 2022 3288 Views 0 comment Print

ITAT held that when addition was made on estimation basis that by itself does not lead to conclusion that assessee either concealed the particulars of income or furnished inaccurate particulars of such income.

Section 194J TDS on fees to Doctors engaged as Retainers & Consultants

July 3, 2022 5244 Views 0 comment Print

High Court held that the provisions of Section 194J applied to the retainer doctors and not those of Section 192.

AO not justified in taking two views in respect of same transaction/bank deposits

July 3, 2022 1293 Views 0 comment Print

Swami Shibrupananda Jayrambati Ramkrishna Saradamath & Mission Vs ITO (ITAT Kolkata) Ld. AO had taken two views in respect of same transaction/bank deposits made by the assessee, one pre-demonetization period deposits, which he treated as income from profession of the assessee and 50% of such deposits treated as income from profession. On the other hand, […]

Rent from unsold flats to builder taxable as House Property income

July 3, 2022 2715 Views 0 comment Print

Rental income received from unsold portion of property constructed by a real estate developer, is assessable as ‘Income from house property’

Consultation Fee related to hosting of website to enhance business allowable

July 3, 2022 408 Views 0 comment Print

Addl. CIT Vs Times Internet Ltd. (ITAT Delhi) During the year, the assessee claimed an amount of Rs.10.55 crores on account of consultancy fee, out of which an amount of Rs.98.37 lacs has been disallowed by the AO pertaining to the amount paid for legal and professional services. The AO held that since the expenses […]

Delay in depositing employee’s contribution to PF – ITAT refers matter back to CIT(A)

July 3, 2022 1425 Views 0 comment Print

Soul Clothing Pvt. Ltd. Vs DCIT (ITAT Surat) We note that the issue involved in the present appeal of assessee is covered against the assessee, as the assessee has not deposited Employees Provident Fund (EPF) with the prescribed authority within stipulated time, therefore as per the judgment of the Hon’ble Gujarat High Court in the […]

Addition, without opportunity of cross-examination of witnesses, unjustified

July 2, 2022 3945 Views 0 comment Print

No addition can be made only on the basis of statements of the third party without providing the opportunity of cross-examination of the person when specifically asked by the assessee in whose hand the addition has been made

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