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Registration of Trust cannot be cancelled for non-filing of I.T. return due to misdeeds of ex-president

January 6, 2021 2169 Views 0 comment Print

Wholesale Cloth Merchant Association Vs PCIT (ITAT Jaipur) ITAT observed that due to the negligence or cheating of past executive members and bad intention of misappropriation of funds by ex-president, they had not maintained the books of accounts and get their accounts audited by a chartered accountant. But after change of management and involvement of […]

Section 12A: Cancellation of trust registration with retrospective effect is invalid

January 6, 2021 5505 Views 0 comment Print

Wholesale Cloth Merchant Association Vs PCIT (ITAT Jaipur) We are of the opinion that in the present case the ld. Pr. CIT(C) has found or made allegation or objection of diversion or mis appropriations of funds and not filling the Audit report and ITR, if any only in A.Y. 2014-15 to 2016-17 & not in […]

Section 80P deduction eligible on Interest Income on Saving Bank Account

January 6, 2021 4023 Views 0 comment Print

Vanam Mahila Sangam Limited Vs ITO (ITAT Hyderabad) Only issue before the Tribunal is whether the interest income  earned  by  the assessee firm from the deposits in the Savings Bank is eligible for deduction u/s 80P(2) of the I.T. Act. The AO and the CIT (A) have relied upon the decision of the Hon’ble Supreme […]

Statement recorded during survey without any supporting evidence have no Evidentiary value

January 6, 2021 5202 Views 0 comment Print

DCIT Vs Shhlok Enterprise (ITAT Surat) The assessing officer made addition on the basis of statement recorded during the survey without any supporting evidence or any adverse material on record. The learned Commissioner (Appeals) also concluded that it is settled legal position that statement recorded during the survey has no evidence of value moreover the […]

ITAT deletes addition on issue, not part of reasons for limited scrutiny

January 6, 2021 2106 Views 0 comment Print

Spooner Industries P Ltd Vs ITO (ITAT Delhi) Addition made by the ld. AO and confirmed by the ld. CIT (Appeals) under Section 68 of the Act deserves to be deleted for the reason that ( 1) it was not part of reasons for limited scrutiny, ( 2) no enquiries made by the Assessing Officer […]

Without evidence LTCG on sale of Shares through Recognized Stock Exchange cannot be treated as Accommodation Entries

January 6, 2021 2328 Views 0 comment Print

Shri Badresh Mansukhlal Dodhia Vs ACIT (ITAT Mumbai) Without evidence LTCG on sale of Shares through Recognized Stock Exchange cannot be treated as Accommodation Entries The main issue under consideration in this appeal is the claim of deduction u/s 10(38) of the Act, the relevant facts are, during the year assessee had earned LTCG of […]

Clause (vii) of Notification No. 30/97-Customs cannot be read in isolation

January 6, 2021 735 Views 0 comment Print

Commissioner Of Customs Vs Motorola India Limited (Karnataka High Court) The tribunal on the basis of advance licences issued to the respondent and the standard input output norms has recorded a finding that the respondent was allowed to import 2% in excess to provide for the wastage. It is also pertinent to mention here that […]

Depreciation eligible on Bus Terminal constructed on BOT basis

January 5, 2021 729 Views 0 comment Print

JCIT (OSD) Vs Rohan and Rajdeep Infrastructure Pvt. Ltd. (ITAT Pune) Assessee incurred expenditure in constructing Amritsar Bus Terminal on BOT basis and to recoup the said investment, the assessee was allowed to collect add a fees from the users of the said bus terminal. In our view, the said right is business or commercial […]

Section 54F exemption allowable on sale proceed utilised for construction of residential property Within a period of 3 years

January 5, 2021 1170 Views 0 comment Print

Rajyalakshmi Reguraj Vs ITO (ITAT Bangalore) The A.O. had restricted the claim of exemption u/s 54F of the I.T.Act for the reason that the assessee had utilized only the sale consideration of Rs.1,75,83,000 out of the balance sale consideration of Rs.1,90,00,000 (Rs.2,40,00,000 – Rs.50,00,000) for the construction of a residential house. Accordingly, proportionately exemption u/s […]

Depreciation eligible on right to collect Adda fees against expense on construction of Bus Terminal 

January 5, 2021 948 Views 0 comment Print

Assessee also incurred expenditure in constructing Amritsar Bus Terminal on BOT basis and to recoup said investment, assessee was allowed to collect Adda fees from users of said bus terminal. The said right was business or commercial right in terms of section 32(1)(ii) and was an intangible asset, therefore, assessee was entitled to claim depreciation.

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