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ITAT Hyderabad

Credit society eligible for section 80P(2)(a)(i) deduction on interest on surplus funds with Union Bank

May 8, 2023 1632 Views 0 comment Print

Ghatkesar Farmers Service Cooperative Society Limited Vs ITO (ITAT Hyderabad) ITAT held that assessee being a primary agricultural co-operative society invested the own surplus funds with the Union Bank of India and, therefore, the assessee is entitled to claim the deduction under section 80P(2)(a)(i) of the Act. It could be seen from the name of […]

Denial of TDS credit to deductee because of non-payment by deductor is untenable

May 4, 2023 2967 Views 0 comment Print

ITAT Hyderabad held that revenue cannot deny the TDS credit to the deductee for non-payment of TDS by the deductor. Revenue has to proceed against the deductor by holding him as an assessee-in-default.

Loss on foreign exchange fluctuation while repaying loan taken to import machinery is capital expenditure

May 3, 2023 1359 Views 0 comment Print

ITAT Hyderabad held that loss on foreign exchange fluctuation in respect of loan taken to import machinery is to be added to the cost of the asset and not allowed as revenue expenditure.

Cost of improvement & indexation cannot be claimed without evidence to prove construction

April 28, 2023 23931 Views 0 comment Print

Assessees could not claim cost of improvement and indexation cost as assessee had to furnish some evidence and in the absence of any evidence or information, the information contained in the registered sale deed was required to be accepted.

Interest from loan against mortgage of properties cannot be treated as rental income

April 26, 2023 939 Views 0 comment Print

ITAT Hyderabad held that interest income received towards loan extended against mortgage of properties cannot partake the character of rental income.

Assessee has to prove that more than one residential house is not owned at the time of claiming deduction u/s 54F

April 25, 2023 744 Views 0 comment Print

ITAT Hyderabad held that for the purpose of claiming deduction u/s 54F of the Act, it is essential for the assessee to prove that she does not have more than a residential house at the time of claiming deduction u/s 54F of the Income Tax Act.

CIT(A) cannot consider additional evidence without calling remand report from AO

April 25, 2023 1716 Views 0 comment Print

CIT (A) on the basis of certain documents filed by assessee deleted addition without calling for any remand report from AO or without giving any opportunity to AAO to verify documents.

Penalty u/s 271(1)(c) up to 100% of tax evaded justified in case of excess stock found during survey

April 24, 2023 984 Views 0 comment Print

ITAT Hyderabad in case of excess stock of gold found during survey held that penalty u/s 271(1)(c) of the Income Tax Act up to 100% of the tax evaded is justified instead of 298% as upheld by CIT(A).

No section 271B penalty for not getting Account Audited due to health issues

April 23, 2023 9717 Views 0 comment Print

Assessee was not keeping good health for which she was not in a position to obtain Audit Report in time, and, therefore, could not file before statutory due date

AO cannot Levy Late Fee under section 234E for period Prior to 01.06.2015

April 21, 2023 1890 Views 0 comment Print

ITAT Hyderabad’s decision exempts Ochre Media Pvt. Ltd. from late filing fees under Section 234E for TDS returns, citing procedural amendments.

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