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No penalty for Acceptance and repayment of cash for personal purpose between near relatives

March 4, 2022 9108 Views 0 comment Print

Acceptance and repayment of cash for personal purpose between near relatives did not not attract sections 269SS and 269T and, therefore, no penalty could be levied under section 271D/271E.

Charges for regularizing usage of residential premises for commercial purposes not allowable against house property income

March 4, 2022 2946 Views 0 comment Print

Explore ITAT Delhi’s decision in Amar Chand Garg vs. ACIT. Disallowance of annual mixed-use charges for commercial use. Details of the case and verdict.

LTCG exemption allowed in absence of any link between assessee’s transaction & investigation carried out by DIT

March 3, 2022 1530 Views 0 comment Print

Held that the Revenue has failed to comply to the direction of the Bench in furnishing any report from the AO as to in what manner, the investigation carried out by the Directorate of Investigation, Kolkata and report of SEBI has any link with the transactions carried out by the assessee, we allow the claim of Long Term Capital Gain on account of sale of shares of M/s Esteem Bio Organic Food Processing Ltd. and consequently the exemption claimed u/s 10(38) of the Act.

Denial of carry forward of business loss for non-completion of statutory audit is unjustified

March 3, 2022 3576 Views 0 comment Print

Held that the carry forward of business loss cannot be denied to the assessee merely on the ground that the statutory audit/tax audit was not completed within the prescribed period.

Escaped income from an asset outside India – Retrospective Section 149(1)(c) is Valid

March 1, 2022 2502 Views 0 comment Print

DCIT Vs Dilip J Thakkar (ITAT Mumbai) Section 149(1)(c) provides that no notice for reassessment can be issued if “more than sixteen years, have elapsed from the end of the relevant assessment year unless the income in relation to any asset (including financial interest in any entity) located outside India, chargeable to tax, has escaped […]

Subsidy income derived from business of industrial undertaking eligible for section 80IB deduction

February 28, 2022 1161 Views 0 comment Print

ITAT Held that the assessee is eligible for deduction u/s 80 IB of the Income Tax Act on fertilizer subsidy received by it. Accordingly, we hold that the fertilizer subsidy income received by the assessee is income derived from the business of the industrial undertaking and is eligible for deduction u/s 80 IB of the income tax act.

No capital gain if developer was allowed to enter property for mere construction under JDA

February 28, 2022 3492 Views 0 comment Print

Income Tax dispute: Anugraha Shelters challenges capital gain assessment. Joint Development Agreement not treated as possession under sec.53A of Transfer of Property Act.

No section 80P deduction on Interest earned from investments made with Co-op Bank

February 28, 2022 5145 Views 0 comment Print

Interest earned from investments made with Co-operative Bank, not being Co-operative Bank was not deductible either under section 80P(2)(d) or under section 80P(2)(a)(i). Such interest income was to be assessed as income from other sources, however, deduction under section 57 was to be given in respect of expenditure for earning interest income.

Annual value of house property cannot be determined on ad-hoc basis when rent realized by assessee in subsequent years is on record

February 28, 2022 1302 Views 0 comment Print

Pavel Garg Vs ACIT (ITAT Delhi) Annual value of house property cannot be determined on ad-hoc basis when rent realized by assessee in subsequent years is on record ITAT finds that the AO has computed 10% of the value of investments in house property whereas the ld. CIT(A) reduced the amount to 5% of the […]

Loss from Investments in subsidiaries made in normal course of business to make business more profitable allowable

February 28, 2022 7833 Views 0 comment Print

Refex Industries Limited Vs DCIT (ITAT Chennai) From the factual matrix as enumerated in preceding paragraphs, it could be gathered that the assessee was engaged in refrigerant gases which are used mostly in Air Conditioners, refrigerators and refrigerating equipments. With a view to expand its business and with a view to facilitate import of gases, […]

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