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Growing of hybrid seeds is Agricultural Activity

August 17, 2019 1860 Views 0 comment Print

DCIT Vs Genuine Seeds Pvt. Ltd (ITAT Pune) The CIT(A) while deciding the issue in the present case had in turn, relied on the decision of Pune Bench of Tribunal in ACIT Vs. Ajeet Seeds Ltd. (supra), which has been confirmed by the Hon’ble High Court. Consequently, we hold that growing of hybrid seeds in […]

Section 54B does not specify that entire land should be used for cultivation

August 15, 2019 1335 Views 0 comment Print

Rajendra Bastimal Chordiya Vs ITO (ITAT Pune) The issue in the present ground is with respect to the denial of claim of deduction u/s 54B of the Act for the reason that the land was not cultivable. We find that the reason for denying the claim of deduction u/s 54B of the Act was for […]

Section 54F exemption if Sale Proceed not invested in Specified Govt Scheme but Property purchased within Three Years

August 15, 2019 1986 Views 0 comment Print

Sh. Vijay Chaudhary Vs ITO (ITAT Delhi) Whether the assessee invests the entire sales consideration in construction of a residential house within three years from the date of transfer can he be denied exemption under Section 54F on the ground that he did not deposit the said amount in capital gains account scheme before the […]

No Exemption from MAT as Assessee is a developer not having any unit in a SEZ

August 14, 2019 3318 Views 0 comment Print

Assessee was not eligible for exemption from payment of MAT as per the provisions of section 115JB(6), since, admittedly, it did not qualify as a business or services rendered by an entrepreneur or developer in a unit or SEZ as per definition of the said terms in the SEZ Act.

CBDT circular on Low Tax Effect applies also to pending appeals: ITAT gives relief in 628 Cases

August 14, 2019 5643 Views 0 comment Print

CBDT Circular dated 8th August 2019, enhancing the monetary limits for Dept appeals, states that the modifications shall come into effect from the date of issue of the Circular, it must be interpreted to mean that the enhanced limits apply not only to appeals to be filed in future but also to appeals pending for disposal as on now.

order procurement services cannot be treated as royalty and fees for technical services

August 14, 2019 1041 Views 0 comment Print

Pure Software Pvt. Ltd. Vs ITO (ITAT Delhi) t is pertinent to note here that in case of the assessee company, two non-resident foreign companies, one by the name of J2S INC, USA and another by the name of NAVOS, Belgium were appointed to locate foreign buyers to whom the assessee company could sale its […]

Penalty cannot be sustained merely for disallowance of Depreciation claimed at higher rate

August 13, 2019 1764 Views 0 comment Print

MakeMy Trip (India) Pvt. Ltd. Vs DCIT (ITAT Delhi) As regards the penalty based on addition on account of difference in rate of depreciation on computer peripherals, the Assessing Officer has observed that the assessee made a wrong claim of depreciation @ 60% on printers, UPS, computer stationery, routers and scanners by clubbing them with […]

ITAT upheld addition of 100% of Bogus Purchases

August 13, 2019 23481 Views 0 comment Print

Pratibha Pipes & Structurals Ltd Vs DCIT (ITAT Mumbai) In this case, on perusal of facts available on record, we find that the AO has not made addition only on the basis of report of sales-tax department. In fact, the AO has conducted all possible enquiries during the course of assessment proceedings, as per which, […]

Reassessment not valid if Reason for issuing reassessment notice not furnished to assessee

August 13, 2019 2298 Views 0 comment Print

When a notice under section 148 is issued, the proper course of action for the assessee is to file return and if he so desires, to seek reasons for issuing notices and AO is bound to furnish reasons within a reasonable time. On receipt of reasons, the assessee is entitled to file objections to issuance of notice and the AO is bound to dispose of the same by passing a speaking order.

Cash advance against property cannot be treated as undisclosed money on mere conjectures & hypothesis

August 12, 2019 1698 Views 0 comment Print

Shri Om Prakash Singh Vs ACIT (ITAT Agra) When we test the explanation of the assessee in the light of evidences available on records and the precedents governing the issue, we find that identity of the Company who has advanced money to the assessee is proved beyond doubt. There can be hardly any dispute regarding […]

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