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ITAT Hyderabad

Deduction u/s 54 of Income Tax Act not available on sale of vacant plot

March 3, 2023 3138 Views 0 comment Print

ITAT Hyderabad held that sale of vacant plot is not eligible for deduction under section 54 of the Income Tax Act.

Penalty for violation of section 269SS imposable only in year of violation

March 2, 2023 1683 Views 0 comment Print

ITAT Hyderabad held that in case of violation of provisions of section 269SS of the Income Tax Act, penalty can be only in the year in which violation has taken place and not in any assessment year.

Appellate Authority needs to give reasonable opportunity to AO if additional evidence is admitted

March 2, 2023 1647 Views 0 comment Print

ITAT Hyderabad held that it is mandatory for CIT(A) to grant responsible opportunity to the Assessing Officer in case additional evidence is admitted. However, in the present case, the documents based on which relief is granted was already available with the department and hence there is no violation of Rule 46A of the Income Tax Rules.

Assessee doesn’t become US resident by mere securing house on rent in USA

February 11, 2023 882 Views 0 comment Print

ITAT Hyderabad held that mere securing a house on rent in the USA is not the conclusive fact that the assessee had become a USA resident to allow DTAA benefit.

Deduction u/s 54F not eligible as more than one residential property already owned

February 11, 2023 1692 Views 0 comment Print

ITAT Hyderabad held that benefit of deduction under section 54F not eligible as the assessee owns more than one residential property on the date of transfer of the capital asset other than the new asset acquired.

Payment for breach of contractual obligation pursuant to arbitration award allowable

January 29, 2023 735 Views 0 comment Print

By no stretch of imagination could it be said that the payment for breach of contractual obligation pursuant to an arbitration award in the pending litigation, cannot be said to have been incurred for any purpose which is an offence or which is prohibited by law.

Income of Company cannot be assessed under the head ‘salary’

January 19, 2023 867 Views 0 comment Print

Since the assessee is a company as is established by the 143(1) intimation, question of assessing its income under the head ‘salary’ does not arise. Impugned order is, therefore, liable to be set aside.

Referring matter to valuation officer unjustified as books of accounts not rejected

January 14, 2023 1140 Views 0 comment Print

ITAT Hyderabad held that prior to 01.10.2014 it was essential for the Assessing Officer to reject the books of accounts of the assessee before referring the matter to the Valuation Officer for determining different entries and the expenditure incurred by the assessee.

Assessee (Senior Citizen not conversant with digital communication) should not suffer for fault of authorised representative

January 12, 2023 564 Views 0 comment Print

ITAT held that on account of the fault of authorised representative / chartered accountant / advocate of assessee, the assessee should not be made to suffer and more particularly, when the assessee happened to be a senior citizen and is not conversant with the digital communication.

Legal sale of gold using prohibited currency/ SBNs not permissible

January 11, 2023 2106 Views 0 comment Print

ITAT Hyderabad held that no legal sale of gold can be made with the use of either prohibited currency or prohibited Specified Bank Notes (SBNs)

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