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Lease income from agricultural land not used for agriculture is not agricultural income

July 8, 2020 15432 Views 0 comment Print

K. Vinuthna Reddy Vs ITO (ITAT Hyderabad) From the facts of the case it is apparent that both the assessees has proximity with the company to whom they have leased the land. Further, the apprehension of the Ld. AO appears to be quite reasonable because both the assessee has received the lease rent for the […]

LTCG on sale of land- No exemption on failure to establish that land is agricultural

July 8, 2020 1350 Views 0 comment Print

Assessee has not furnished before AO all necessary evidence so as to establish that land in question was agricultural land only as per provisions of sec. 2(14)(iii)(b) of I.T. Act.

AO cannot tax Capital gain of earlier year in subsequent Year

July 8, 2020 621 Views 0 comment Print

Where assessee had received entire consideration and possession of the property was also handed over in the assessment year 2004-05, he would be exigible towards capital gain tax only for the assessment year 2004-05 and not for the assessment year 2007-08 when proper sale deed was executed and registered. Just because capital gain accrued to assessee has escaped tax in assessment year 2004-05, the same cannot be brought to tax subsequently in assessment year 2007-08, therefore, AO was directed to delete the addition made.

Interest on Loan cannot be disallowed on mere assumptions

July 8, 2020 3945 Views 0 comment Print

The issue under consideration is whether the AO is correct in disallowing the net interest as debited to Profit & Loss A/ c of the proprietary concern?

Error by CA not changes Income from Capital Gain to Business Profit

July 8, 2020 1014 Views 0 comment Print

Error committed by the Chartered Accountant in his audit report will not alter the intention of the assessee for holding the equity shares purchased by it as investment which is evident from the statement of accounts/Balance Sheet of the assessee.

Mid Day Meal supply to poor students of schools is Charitable in Nature

July 8, 2020 3201 Views 0 comment Print

whether the Mid Day Meal supply to the poor students of the schools as per the programme of State Government is considered as commercial activity?

Payment of Foreign Agency Commission not liable for TDS in India

July 7, 2020 2103 Views 0 comment Print

The issue under consideration is whether the TDS will be applicable on payment of Foreign Agency Commission?

Mere Expense on Electricity & Water bills won’t convert Status of Plot of Land into Residential Property

July 7, 2020 2622 Views 0 comment Print

The issue under consideration is whether the expense on electricity and water bill will convert the status of plot of land into residential property and accordingly assessee will be eligible for deduction u/s 54?

Payment for VRS to employees prior to Section 35DDA Insertion fully allowed

July 6, 2020 1551 Views 0 comment Print

The issue under consideration is whether the payment made by the company to its employees under the Voluntary Retirement Scheme (VRS) is allowed as deduction?

ITAT explains Reasons for delay in pronouncement of order during Lockdown

July 6, 2020 2214 Views 0 comment Print

ITO Vs Adul Kayum Ahmed Mohd. tamboli (ITAT Mumbai) The hearing of the matter was concluded on 19/02/2020 and in terms of Rule 34(5) of Income Tax (Appellate Tribunal) Rules, 1963, the matter was required to be pronounced within a total period of 90 days. As per sub-clause (c) of Rule 34(5), every endeavor was […]

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