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No Section 54 Exemption denial for Purchase of new property in the name of son

March 16, 2020 38064 Views 0 comment Print

The issue under consideration is whether the exemption u/s 54 can be denied only with the reason that the new property has been purchased in the name of son and not in the name of that assessee.

No Authority under Law to Levy Section 234E Penalty prior to 01.06.2015

March 16, 2020 7563 Views 0 comment Print

Therefore, according to the Finance Act, 2015, prior to 01.06.2015, your good self had no authority to levy fee, if any, under Section 234E of the Act and thus levy of fee under Section 234E of the Act while processing the statement is beyond the scope of Section 200A of the Act.

Section 11(2) exemption cannot be denied for mere non submission of Form 10 electronically

March 16, 2020 7437 Views 0 comment Print

Parle Hindu Devalaya Mandal Vs DCIT (ITAT Mumbai) The dispute in the present appeal is confined to denial of assessee’s claim of exemption under section 11(2) of the Income Tax Act, 1961. The assessee is a charitable trust and has been granted registration under section 12AA of the Act. For the assessment year under dispute, […]

No section 69 addition in absence of evidence to prove that payment made beyond sale agreement

March 16, 2020 2640 Views 0 comment Print

Since there was no material available before AO that assessee had paid anything more than what was mentioned in the sale deed, therefore, no addition was warranted in the instant case by invoking the provisions of section 69. 

Section 41 addition cannot be made on basis of unsigned balance sheets

March 16, 2020 1221 Views 0 comment Print

Addition by AO under section 41(1) as liability of ‘Trade Payables’ written off was not justified as the balance-sheets filed by assessee were neither signed by the Auditor nor by the Director and, therefore, the same were not reliable and assessee had failed to produce any confirmation to the effect that the assessee received payment from M/s. O as interest free unsecured loan.

Assessment Order passed on Dead Person is Void ab Initio

March 16, 2020 3753 Views 0 comment Print

Service of notice upon a dead person under section 142(1) would not authorise him to assume jurisdiction to pass assessment order on the L/Rs. also.

Section Sec. 2(22)(e) not applicable to reimbursement of expenditure

March 16, 2020 1647 Views 0 comment Print

Rajesh Rajkumar Nagpal Vs ACIT (ITAT Mumbai) Provisions of 2(22)(e) were not applicable since the payment was mere reimbursement of expenditure. Ld. CIT(A) proceeded on wrong footing that the same would be personal expenditure and hence, disallowable completely overlooking the fact that the said expenditure has never been claimed by the assessee anywhere while computing […]

Reopening in case of previously completed scrutiny cannot be taken up after 4 years

March 13, 2020 3138 Views 0 comment Print

HLG Memorial Hospital Pvt. Ltd. Vs ACIT (ITAT Kolkata) In the reasons supplied to the petitioner, there is no whisper, what to speak of any allegation, that the petitioner had failed to disclose fully and truly all material facts necessary for assessment and that because of this failure there has been an escapement of income […]

On mere change of opinion, the concluded assessment cannot be reopened

March 13, 2020 1593 Views 0 comment Print

Akshaya Souharda Credit Cooperative Limited Vs ITO (ITAT Bangalore) The issue under consideration is whether A.O. is correct in re-opening of assessment based on the same material on which he relied at the time of assessment u/s 143(3)? The assessee is a co-operative engaged in providing credit facilities to its members. The assessee filed its […]

Penalty not leviable for non deduction of TDS due to reasonable cause

March 13, 2020 4704 Views 0 comment Print

Santur Infrastructure Pvt. Ltd. Vs ACIT (ITAT Delhi) We are of the considered view that firstly, the assessee was not required to deduct TDS as the payment of EDC was not made out of any statutory and contractual liability to HUDA with whom the assessee has no privity of contract; secondly, the assessee has reasonable […]

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