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Amount received from transfer of agricultural land eligible for tax exemption

April 24, 2022 2367 Views 0 comment Print

G.N. Venugopal Vs ACIT (ITAT Bangalore) Conclusion: Merely because of the fact that the land was sold for profit, it could not be held that income arising from the sale of land was taxable as profit arising from the adventure in the nature of trade. Where land was not subjected to any conversion as non-agricultural […]

ITAT allows TDS Credit on interest Income of deceased father to Assessee

April 24, 2022 5223 Views 0 comment Print

Ld. CIT(A) also failed to consider that as per section 159 of the Act, the legal heir is supposed to file the return of income. The assessee is the only legal heir of his deceased father and his mother is also pre-deceased her husband.

Non-trading association running on mutual concept eligible to claim expenses against interest income

April 24, 2022 693 Views 1 comment Print

Dhananjay Satellite Members Association Vs ITO (ITAT Ahmedabad) We note that assessee is registered as a non-trading organization, and the registration certificate is placed at page nos. 1, 2 and 3 of the assessee`s paper book. The assessee submitted before us, memorandum of association of the trust, which is placed at page no.4 to 20 […]

Section 54 Deduction available on incomplete construction too consideration received used for constructing a residential house

April 23, 2022 3297 Views 0 comment Print

The passport to derive benefit under sec. 54F(1) is investment in construction of property within the period required u/s 54(1)F or to invest in residential property within the stipulated time for enabling deduction under section 54F of the Act.

Invocation of section 263 unjustified if order of AO was not erroneous

April 23, 2022 951 Views 0 comment Print

Since we have already held that the AO has conducted proper enquiry and has taken a plausible view, therefore, the order cannot be held to be erroneous, therefore, in absence of fulfillment of twin conditions, PCIT is not justified in invoking the jurisdiction u/s 263 of the IT Act, 1961.

Section 271(1)(c) Penalty not sustainable on mere estimated additions

April 23, 2022 1242 Views 0 comment Print

In our considered opinion, additions which are mere estimated additions do not attract penalty u/s 271(1)(c) and it is not a fit case of levy of penalty.

ALP determinable for international transaction of Corporate Guarantee

April 23, 2022 1800 Views 0 comment Print

ALP of corporate guarantee has to be determined as it falls within scope and ambit of an international transaction after retrospective amendment to section 92B and 0.5% corporate guarantee is held to be appropriate.

Section 56(2)(viii)(c)(ii) not applies to money/ property received from close relatives

April 23, 2022 2394 Views 0 comment Print

It is held that transaction within the family and close relative are covered by the proviso to section 56(2)(viii)(c) and there is no application of the said section for taxing the income under the head ‘Income from other sources’. The provisions of s. 56(2)(viii)(c)(ii) shall not apply in case of money or any property received from any close relative.

Customized research advisory service not taxable as Royalty if no transfer of any copyright

April 23, 2022 1026 Views 0 comment Print

The assessee operates as a global services advisory and research company. Assessee assists corporations in developing and implementing leading edge sourcing strategies including captive outsourced and shared services approaches.

Reopening u/s 148 permissible in case of receipt of huge cash deposit vis-à-vis non-filing of ROI

April 22, 2022 5127 Views 0 comment Print

Vanditbhai Rajendrakumar Patel Vs ITO (ITAT Ahmedabad) Facts- The brief facts of the case were that as per AIR information, the Ld. Assessing Officer came know that the assessee had received cash deposits of Rs. 25,21,100/-in saving bank account maintained with Corporation Bank. To verify cash deposits, letter dated 10-02-2017 was served on the assessee, […]

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