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ITAT Hyderabad

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 807 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 2043 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 1098 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 10164 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 2193 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.

FTC cannot be denied if Assessee file return within extended due date with Form No. 67

April 19, 2023 336 Views 0 comment Print

Assessee filed return of income within extended due date with Form No. 67 & complies with requirement of Rule 128(9) and entitled to claim FTC

AO cannot deny TDS credit of Income considered for taxation

April 19, 2023 1848 Views 0 comment Print

Assessing Officer cannot accept the income for tax purpose and refuse to allow credit of corresponding TDS. Both must go hand in hand.

Amount directed to be deposited in PM National Relief Fund for non-appearance before AO & CIT(A)

April 17, 2023 495 Views 0 comment Print

ITAT Hyderabad held that as assesse failed to appear before AO as well as before CIT(A) despite numerous opportunities, matter remanded back to CIT(A) subject to cost of Rs. 10,000 to be deposited in Prime Minister National Relief Fund.

Addition u/s 56(2)(viib) sustained as method for FMV of equity shares not as per rule 11UA

April 17, 2023 1272 Views 0 comment Print

ITAT Hyderabad held that addition under section 56(2)(viib) of the Income Tax Act sustained as method adopted for determination of FMV of equity shares by the assessee is not as per method prescribed under rule 11UA of Income Tax Rules.

TDS u/s 194J not deductible on payment to contract teachers

April 14, 2023 8496 Views 0 comment Print

ITAT Hyderabad held that payment to contract teachers doesn’t qualify as ‘fee for professional services’ and accordingly TDS under section 194J of the Income Tax Act not deductible.

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