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Section 80P Deduction eligible to Co-Op Bank Primarily engaged in Banking Business

March 4, 2020 1914 Views 0 comment Print

The issue under consideration is whether co-operative bank is eligible for deduction under section 80P of income tax Act, 1961 ? Co-Operative Bank is Also Eligible for Deduction u/s 80P if they Primarily Engaged in Business of Banking

Penalty not levaible on addition made solely based on declaration

March 4, 2020 768 Views 0 comment Print

When no money, bullion, jewellery or book entry was found at the time of search, and only evidence against the assessee is an admission of additional income made in the statement under section 132(4), whether such admission tantamount to disclosure of money, bullion, jewellery or diary and income disclosed is to be considered as concealed income or not?

Hoarding charges for advertisement on boundary walls is House Property Income

March 4, 2020 6093 Views 0 comment Print

In the given case the assessee is a partnership firm engaged in the business of builders and developers. During the course of assessment proceedings the Assessing Officer (AO) observed that the assessee had received hoarding charges of Rs. 41,80,000/- from M/s Dezen Products for advertising display on boundary walls and the same was offered for taxation under the head Income from House Property.

Depreciation allowed on License/registration fee paid to Indian Railways

March 3, 2020 1527 Views 0 comment Print

We find that the claim of depreciation in respect of license/ registration fee paid by the assessee to the Indian Railways is an asset whereon depreciation u/s. 32(1) is allowable.

No disallowance for payment to related parties without demonstrating that payment made was excessive and unreasonable

March 3, 2020 4008 Views 0 comment Print

Even though assessee had made payments to related parties, yet in view of fact that there was no material on record to demonstrate that payment made was excessive and unreasonable having regard to market rate, disallowance made under section 40A(2) by AO was to be deleted.

Income from security deposit was taxable in the year of termination of dealership agreement

March 3, 2020 2493 Views 0 comment Print

Amount paid as security deposit was taxable only on the year of termination of an agreement between the assessee and the dealer/distributor. Hence AO was not justified in treating the deposit as income each year irrespective of whether the dealership was terminated or not.

No Section 12A registration denial if objects were charitable & activities were genuine

March 3, 2020 4524 Views 0 comment Print

Registration under section 12A was allowable to assessee-society as the objects of the society was charitable in nature and activities were genuine; even if the control of the trust property was not vested in the public but was retained by the settlors and moreover, registration with the Registrar of Societies was not a precondition for granting registration u/s 12A.

Leave encashment provision not to be added in Book Profit for Section 115JB

March 3, 2020 4089 Views 0 comment Print

Provision for leave encashment being in the nature of an ascertained liability was to be reduced while computing the book profit under Section 115JB.

Section 54F Exemption allowed Even if Residential Flats Constructed alongwith Saleable flats

March 2, 2020 930 Views 0 comment Print

whether AO is correct in disallowing the exemption u/s 54F on the ground that residential flat was not constructed after the date of transfer and they were constructed alongwith saleable flats?

Non-disposal of objections to re-opening of assessment are not mere procedural lapse

March 2, 2020 1482 Views 0 comment Print

Non-disposal of objections challenging the validity of re-opening of assessment under section 147 is not a mere procedural lapse but affects the jurisdiction of AO to pass assessment order under section 143(3) read with section 147.

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