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ITAT Hyderabad

ITAT restores appeal to CIT(A) & directed to consider incriminating material found during search

October 18, 2022 681 Views 0 comment Print

Dy.C.I.T Vs Ashok Developers & Builders Ltd (ITAT Hyderabad) It is an admitted fact that a search & seizure operation took place in the premises of the assessee on 18.02.2016 and certain incriminating documents were found and seized. We find the AO in the order passed u/s 143(3) r.w.s. 153A of the Act determined the […]

ITAT allows provision for sales return of seeds having short shelf life

October 14, 2022 1056 Views 0 comment Print

DCIT Vs Prabhat Agri Biotech Limited (ITAT Hyderabad) It is a fact that the assessee supplies seeds to its distributors located in the states of Kerala, Andhra Pradesh and Karnataka and after the season is complete the sales distributors identify the stock of seeds of various varieties which are not sold by the end of […]

Interest paid for delayed deposit of TDS cannot be equated to penalty

October 13, 2022 2058 Views 1 comment Print

Interest on TDS is not interest paid on income tax per se and the disallowance thereof, is unwarranted and interest paid for delayed deposit of TDS cannot be equated to penalty or breach of law.

Remuneration to trustee cannot be ground to cancel registration of trust

October 8, 2022 5157 Views 0 comment Print

ITAT Hyderabad held that payment of remuneration to the trustees could result into disallowance of excess expenditure and the same cannot be a ground to cancel the registration of trust

Income Tax Appeal not Maintainable during IBC Proceedings

August 26, 2022 1002 Views 0 comment Print

Gayatri Projects Limited Vs DCIT (ITAT Hyderabad) A reading of provisions under section 13 and 14 of IBC Code along with decision in Ghanashyam Mishra And Sons, clearly shows that once the proceedings have commenced by institution of application under section 7 or 9 or 10 of the Code, the continuance of the pending proceedings […]

Prohibition on institution of suits or continuation of pending suits after declaration of moratorium under IBC

August 26, 2022 1704 Views 0 comment Print

Deccan Chronicle Holdings Limited Vs ACIT (ITAT Hyderabad) Under section 13 of the Code, the adjudicating authority after admission of the application under section 7 or 9 or 10 of the IBC Code shall declare a moratorium which shall include the prohibition of the institution of suits or continuation of pending suits or proceedings against […]

Cost of acquisition as FMV of ESOP shares treated as perquisite unsustainable

August 13, 2022 8118 Views 0 comment Print

Held that payment of federal taxes on the different between FMV and the grant price establishes that assessee is paying tax treating the value of shares as perquisite. Accordingly, provisions of section 49(2AA) are applicable. Cost of acquisition of share cannot be FMV.

Penalty u/s 271F leviable for failure to furnish AIR

August 10, 2022 780 Views 0 comment Print

Held that penalty u/s 271F leviable as the assessee being a co-operative bank failed to furnish annual information annual information return

Income Tax appeal cannot be adjudicated during continuance of IBC proceedings

August 10, 2022 756 Views 0 comment Print

DCIT Vs Neueon Towers Limited (ITAT Hyderabad) A reading of the provisions under section 13 and 14 of IBC Code along with the decision in Ghanashyam Mishra And Sons (supra), clearly shows that once the proceedings have commenced by institution of application under section 7 or 9 or 10 of the Code, the continuance of […]

Loss of directors not allowable to the company

August 9, 2022 663 Views 0 comment Print

Held that activities of share trading were carried out by the directors in their individual capacity from their unique client codes. Accordingly, loss incurred in same is not allowable in the hands of company

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