The return of the assessee was taken for scrutiny assessment. The assessee claimed Long Term Capital Gain on sale of land of Rs. 1,41,43,038/- and claimed exemption u/s. 54F of the Act reinvestment in a residential house.
ITAT Ahmedabad held that disallowance under section 56(2)(viib) of the Income Tax Act sustained due to wide fluctuation in value of share within a period of less than 5 months and that too within same financial year without accurate explanation.
ITAT Kolkata held that denial of concessional tax rate benefit under section 115BAC of the Income Tax Act merely for delayed filing of form no. 10IE not justifiable since the substantial justice should not be denied due to technical lapse.
ITAT Mumbai held that the Employee Stock Option Plans [ESOP] expenses should not be regarded contingent or notional and it should be allowed as deduction u/s 37(1) of the Income Tax Act.
ITAT Mumbai held that disallowance of entire expenses alleging that assessee has not started its business activity till date not justified since non-generation of income after setting up of business cannot be a ground to disallow expenses.
ITAT Delhi held that benefit of section 115AAB of the Income Tax Act availed in the preceding year cannot be denied in subsequent year on the reason of non-filing of prescribed Form 10IC. Accordingly, appeal allowed.
The assessee has received Rs. 2,54,24,007/- as interest on enhanced compensation from HUDA after the compulsory acquisition of the agriculture land of the assessee, on which TDS @10% was also deducted.
Even after the submission CIT (A) ignored the fact and upheld the addition amounting to Rs. 32,00,000/- not at Rs. 18,50,000/- which was result of rectification order passed by the AO.
In a recent ruling Delhi HC remanded the proceedings to the AO to consider the Assessee’s alternate claim for loss arising out of the HTM securities, as loss under the head ‘income from business and profession.
ITAT Ahmedabad held that since the assessee, being an agriculturist was not well versed with tax proceedings, was unable to file required documents against addition on account of unexplained cash credit u/s. 69A of the Income Tax Act before AO.
