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ITAT Hyderabad

Section 271B Penalty – ITAT restores matter to CIT(A)

May 16, 2023 552 Views 0 comment Print

Shri Palabathuni Chandra Ravi Vs ITO (ITAT Hyderabad) Facts of the case, in brief, are that the assessee is an individual and filed his return of income electronically on 21.1.2018 declaring total income at Rs.6,21,210/-. During the course of assessment proceedings, it was noticed by the Assessing Officer that the assessee deposited a total of […]

Section 80P(2)(a)(i) deduction eligible on Interest Income of Co-op Credit Societies from nationalised bank

May 16, 2023 11673 Views 1 comment Print

Tirumala Tirupati Devasthanams Employees Co Op. Credit Society Vs ITO (ITAT Hyderabad) In the case on hand, undisputedly, the interest arose on the credit balances with reference to the regular course of business of the assessee. On this aspect, the Hon’ble jurisdiction High Court in Vavveru Co-operative Rural Bank Ltd. (supra), held that, if the […]

Order passed without adequate reasoning is a non-speaking order

May 15, 2023 1773 Views 0 comment Print

ITAT Hyderabad held that order passed without giving reasons for the conclusions arrived at is a non-speaking order and the same is liable to be set aside.

section 68 addition if Assessee duly explained source & disclosed identity of payers

May 10, 2023 927 Views 0 comment Print

Mujtaba Hussain Ahmed Vs ACIT (ITAT Hyderabad) Undoubtedly, the assessee had sold his ancestral agricultural land admeasuring 1 acre and 25 guntas by way of a registered sale deed dt.23.03.2019. Incidentally, on the date of sale of land, SST Team intercepted the assessee and found cash with him and when the assessee was asked to […]

ITAT dismisses appeal as legal heirs not substituted name of deceased Assessee in Form 36

May 8, 2023 2106 Views 0 comment Print

Kabeer Khan Vs ITO (ITAT Hyderabad) Since the legal heirs of the diseased assessee in the instant case have not taken any steps to file the revised Form No.36, duly filled up giving the revised name of the party duly verified in the manner as prescribed in the rules, therefore, the present appeal cannot be […]

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

May 8, 2023 1704 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 3189 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 1551 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 29511 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 1038 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.

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