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ITAT Hyderabad

Depreciation on goodwill allowable once existence of goodwill is established

May 31, 2023 1713 Views 0 comment Print

ITAT Hyderabad held that the net balance of purchase consideration paid, and the value of net assets acquired is Goodwill and once the existence of Goodwill is established, Depreciation on such goodwill cannot be questioned further.

Rectification application dismissed in absence of substantial or collateral proceedings pending before AO

May 30, 2023 1989 Views 0 comment Print

ITAT Hyderabad held that in absence of any substantial proceeding or collateral proceedings pending before AO, AO was right in not entertaining the application for rectification filed by the assessee.

Additional income once accepted cannot be later rectified and taxed as per section 115BBE

May 27, 2023 4980 Views 0 comment Print

ITAT Hyderabad held that once additional income offered during survey was simply accepted and assessment order was passed u/s 143(3) of the Income Tax Act without invoking provisions of section 115BBE. Then, provisions of section 115BBE cannot be invoked via rectification as per section 154.

Provisions of section 56(2)(viia) applicable on shares received on account of amalgamation

May 18, 2023 4329 Views 0 comment Print

ITAT Hyderabad held that provisions of section 56(2)(viia) of the Income Tax Act are attracted on shares received by the assessee company on account of amalgamation.

Non-quoting of DIN renders Income Tax order invalid

May 18, 2023 2208 Views 0 comment Print

ITAT Hyderabad held that non-generation/ non-quoting of Document Identification Number (DIN) in the order will render the order invalid and will be treated as never to have been issued.

Third party statement recorded u/s 132(4) not an incriminating document for addition u/s 153A

May 17, 2023 7863 Views 0 comment Print

ITAT Hyderabad held that statement of a third party already recorded u/s 132(4) of the Income Tax Act cannot be considered as an incriminating document for the purpose of making the addition u/s 153A of the Income Tax Act.

Addition towards unexplained cash deposit unsustainable as creditworthiness and genuineness proved

May 17, 2023 2343 Views 0 comment Print

ITAT Hyderabad held that addition towards unexplained cash deposit unsustainable as onus of establishing the creditworthiness and genuineness of the transaction duly proved by the assessee.

Interest on FCCDs is to be computed by applying LIBOR plus 200 points

May 17, 2023 1101 Views 0 comment Print

ITAT Hyderabad held that FCCDs are debt hence interest paid/ payable on FCCDs in to be computed by applying LIBOR plus 200 basis points.

Production of hybrid & open pollinated seed varieties is Agricultural Activity

May 16, 2023 711 Views 0 comment Print

In the case of DCIT Vs Pravardhan Seeds Pvt. Ltd., ITAT Hyderabad ruled that agricultural activities for seed production qualify for tax exemption under section 10(1) of the Income Tax Act.

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

May 16, 2023 564 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 […]

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