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Section 54F exemption allowable if construction completes within a period of three years from the date of transfer of original asset

March 28, 2019 2529 Views 0 comment Print

Shri Sohanlal Mohanlal Bhandari Vs ACIT (ITAT Pune) Adverting to the facts of the instant case, it is seen from pages 5 and 6 of the impugned order that the assessee acquired land in two parts for construction of a new residential house, viz, the first part of the plot purchased on 11.10.2010 and the […]

Interest on Loan taken to repay previous home loan allowable

March 28, 2019 1005 Views 0 comment Print

Deduction of interest u/s 24B allowable when loan borrowed to repay previous loan taken for the construction of residential unit.

Disallowance of business expenditure due to temporary discontinuation of business unsustainable

March 28, 2019 6174 Views 0 comment Print

As intention of assessee to continue the business was clear, business expenditure including, depreciation as claimed by the assessee could not be disallowed due to temporary restrictions.

Penalty for Failure to get accounts audited cannot be levied if books not maintained

March 27, 2019 3780 Views 0 comment Print

Assessee assailed the imposition of penalty under section 271B imposed by AO on account of failure to get accounts audited under section 44AB. Assessee contended that penalty was not justified as no books of account were maintained by assessee.

Retrospective amendment cannot change tax withholding liability, with retrospective effect

March 27, 2019 1500 Views 0 comment Print

Retrospective amendment in law does change tax liability in respect of an income, with retrospective effect, but it cannot change tax withholding liability, with retrospective effect.

Share of profit from AOP cannot be added while computing section 115JB book profit

March 27, 2019 4983 Views 0 comment Print

By virtue of clause (iic) in Explanation to section 115JB by the Finance Act, 2015 share of profit received from AOP could not be added while computing book profit under section 115JB.

A firm not being shareholder cannot be Taxed for Deemed Dividend

March 27, 2019 792 Views 0 comment Print

Firm being not a shareholder of the Pvt. Ltd. company which lent the money cannot be taxed by applying sec. 2(22)(e) of the Act. So, the addition is deleted.

Section 54F not prescribes date of commencement of construction of house property

March 27, 2019 3612 Views 0 comment Print

Tarun Jalali Vs DDIT (ITAT Delhi) Where construction of house was commenced even before the date of transfer of original asset, but it was completed within three years after the date of transfer, deduction under section 54F was admissible. Sub-section 4 of section 54F prescribes appropriation of sale consideration of original asset towards provision of […]

Due date for Filing Income Tax Return for HUF Partner- Belated return cannot be revised

March 27, 2019 3372 Views 0 comment Print

Since assessee was an HUF and HUF itself could not become a working partner in the partnership firm, therefore, the due date of filing of the return applicable to assessee was 31st July of the relevant assessment year and belated return filed by assessee could not be revised.

Sec. 41(1) addition cannot be made for liabilities that had not ceased

March 27, 2019 1908 Views 0 comment Print

AO was unjustified in making addition under section 41(1) on the reason that sundry creditors and other liabilities had ceased to exit as the opening balances of the liabilities were already admitted in the immediately preceding assessment years and the issue for revival was pending before BIFR because of which the creditors remain suspended but there had been no notice which could extinguish the existing right except to the extent that they became part of the sanctioned scheme. 

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