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All ITAT

Section 263 proceedings against a dead person are null and void

March 8, 2022 3273 Views 0 comment Print

Sheela Devi (wife- legal heir of Vas Dev (deceased) Vs PCIT (ITAT Delhi) We have heard the rival submissions and perused the material placed before us and case laws cited. Firstly, we consider it expedient to address ourselves on legality of show cause notice and consequent revisional order passed under Section 263 of the Act. […]

Date of Possession of Flat to be taken for Section 54F exemption

March 8, 2022 3408 Views 0 comment Print

Shri Yogesh Jhingan Vs DCIT (Central) (ITAT Indore) Since the addition in the instant appeal crops out of the issue referred above pertaining to A.Y. 2008-09, we will have to examine the correctness of the claim made by the assessee u/s 54F of the Act for A.Y. 2008-09. As far as sale of land is […]

Employee Contribution To PF/ESI of AY 2019-20 paid before ITR Filing allowable

March 8, 2022 1989 Views 0 comment Print

Methods (India) Private Limited Vs DCIT (ITAT Bangalore) In this case there is no dispute that the assessee made payment of the Employees share of PF/ESI on or before the due date for filing return of income for AY 2017-18 u/s. 139(1) of the Act. The next aspect to be considered is whether the amendment […]

Valid Revocable Trust can not be assessed as AOP 

March 7, 2022 1932 Views 0 comment Print

ITO Vs Arcil Asset Reconstruction Fund II Trust (ITAT Mumbai) ITAT held that appellant was revocable Trust, the provisions of Section 61 to 63 of Income Tax Act, 1961 were applicable and the assessee could not be assessed as AOP. The income was to be taxed in the hands of the SR holders. Since the […]

Disallowance of labour expenses without evidences on ad hoc basis not maintainable

March 7, 2022 2772 Views 0 comment Print

DCIT Vs Shalaka Infra Tech (India) Pvt Ltd (ITAT Pune) Whether the CIT(A) is justified in deleting the disallowance of Rs.1,68,87,175/- as against Rs.1,88,63,786/- made by the AO on account of labour expenses in the facts and circumstances of the case. Heard both the parties and perused the material available on record. We note that […]

Income from contract farming cannot be treated as agricultural income

March 6, 2022 4890 Views 0 comment Print

Income from contract farming done by assessee cannot be treated as agricultural income and that the assessee is not eligible to claim exemption under section 10(1) in respect of such income.

Amended to section 43B & 36(1)(va) vide Finance Act, 2021 not applicable to AY 2018-19 & 2019-20

March 6, 2022 1617 Views 0 comment Print

Sri. Yeruva Prasad Vs ACIT/DCIT (ITAT Bangalore) The amended provisions of section 43B as well as 36(1)(va) of the I.T.Act are not applicable for the assessment years under consideration i.e. 2018-19 & 2019-20. By following the binding decision of the Hon’ble jurisdictional High Court in the case of Essae Teraoka Pvt. Ltd Vs. DCIT (supra), […]

Consideration for accessing Database cannot be treated as Royalty

March 6, 2022 1233 Views 0 comment Print

Dow Jones & Company Inc. Vs ACIT (ITAT Delhi) In the case in hand, the revenue derived by the assessee from granting limited access to its data base is akin to sale of book, wherein purchaser does not acquire any right to exploit the underlying copyright. In the case of a book, the publisher of […]

Section 69A addition not justified for Amount received through Bank, duly recorded in books & explained by Assessee

March 6, 2022 6342 Views 0 comment Print

Entries relating to advances received from Hardev Singh and his son Maninder Singh Sahi from Canada were recorded in books of account and assessee also explained that amount was received as an advance for making investment in property by said person, and assessee was engaged in the property business. Assessee also requested AO to summon concerned party under section 131 but AO did not accede to the request of assessee and made the addition, therefore, addition made by AO was not justified.

ITAT allows HRA allowance for Rent paid to Spouse

March 6, 2022 15192 Views 0 comment Print

Abhay Kumar Mittal Vs DCIT (ITAT Delhi) it was submitted that Income Tax Act does not prohibit claiming HRA exemption on the rent paid to one’s spouse, that her wife is qualified medical practitioner and she has returned the loan extended to her by the assessee from liquidation of mutual funds and fixed deposits. We […]

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