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All ITAT

Section 80IC deduction allowed for service charges based on direct nexus between service rendered & product

May 3, 2020 11850 Views 0 comment Print

The issue under consideration is that whether deduction u/s 80-IC will be allowed against service charges since services rendered were part of business and also involved manufacturing activity?

Non-Competent Fee is Capital Expenditure, Depreciation not allowable

May 1, 2020 1368 Views 0 comment Print

Hence, the order of Assessing Officer was upheld to the extent that the payment of non-compete fee was a capital expenditure and the assessee was not entitled to claim depreciation u/s 32 of the Act on the said capital expenditure.

ITAT upheld addition of 12.5% of alleged bogus purchases

May 1, 2020 1032 Views 0 comment Print

In the given case, the assessee is engaged in the trading of iron and steel. A.O. has reopened the assessment on getting information regarding assessee taking accommodation purchase bills.

Amount received by Retiring Partner not chargeable to Capital Gain Tax

May 1, 2020 1425 Views 0 comment Print

ITAT held that a retiring partner took only money towards the value of his share on retirement and when there was no distribution of capital assets going to the partners, there was no transfer of capital asset and consequently, no profits or gain was chargeable under Section 45 (4) of the Income Tax Act, 1961.

Section 80IAB deduction allowed against rental income from SEZ development

April 30, 2020 2454 Views 0 comment Print

The issue under consideration is whether deduction under section 80IAB will be allowed against the income of lease/ rental income from development of SEZ irrespective of wrong classification of head of income.

Section 54F Exemption allowable despite Non-Claim in Income Tax Return

April 29, 2020 4797 Views 0 comment Print

Since S.54F of the Act is a beneficial provision and the Hon’ble Courts have held that the beneficial provision should be construed liberally, I deem it fit and proper to admit assessee’s claim of deduction u/s 54F of the Act and remand the issue to the file of the AO with a direction to consider the eligibility of the assessee for deduction u/s 54F of the Act and allow the same if the assessee satisfies the conditions.

Tax on Sale of Property cannot be levied from GPA Holder

April 29, 2020 4725 Views 0 comment Print

Sama Om Reddy Vs ITO (ITAT Hyderabad) Ld.Counsel for the assessee had reiterated the submissions made by the assessee before the AO and has submitted that by virtue of the Agreement of Sale cum GPA and handing over of the possession, the assessee had transferred the property in favour of the Vendee/GPA-holder, Shri A.Manikyam. It […]

Income From Land Sale by Assessee Engaged in Property Development Taxable as Business Income

April 28, 2020 3381 Views 0 comment Print

The issue under consideration is whether land sold by assessee engaged in property development taxable as capital gains or business income?

No comparables to be selected in ALP determination if comparables differs in turnover

April 27, 2020 1962 Views 0 comment Print

Exclusion of comparables from the list of comparables on basis of turnover, functional difference for determination of Arms Length Price was valid. 

Membership & Subscription charges deductible as preliminary expenditure

April 27, 2020 17391 Views 0 comment Print

Service fees and membership & subscription fees were incurred for the purpose of business and to set up a transaction meant for overseas capital market, therefore, this expenditure could be treated preliminary expenditure for the purpose of business. 

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