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ITAT Hyderabad

No section 69B addition solely based on data retrieved from Pen-drive

July 15, 2021 2880 Views 0 comment Print

No addition could be made under section 69B  because the two pieces of evidence relied on by Revenue Authorities viz., the data retrieved from the Pen-drive and the admission by the vendors of the property though might have a persuasive value but would  not have much substantive evidentiary value in order to make additions in the hands of the assessee.

ROC expense for enhancement of share capital not allowable

July 2, 2021 1746 Views 0 comment Print

AO was justified in treating the payment to ROC for increase in capital as capital expenditure as ROC expenses was fees for enhancement of capital.

Income declared on proportional receipt basis cannot be questioned

June 23, 2021 1971 Views 0 comment Print

DCIT Vs Monster.Com (India) Private Limited (ITAT Hyderabad)  In the assessee’s own case the Tribunal observed that the assessee followed appropriate revenue recognition method of accounting and thus the income declared on proportional receipt basis cannot be questioned. This order was followed by the ITAT in the assessee’s own case in the A.Ys 2007-08 to […]

Income from Sale/Purchase of property by Real Estate Agent is Business Income

June 17, 2021 14859 Views 1 comment Print

ITO Vs Suresh Babu Vasireddy (ITAT Hyderabad) The assessee is basically engaged in the business as a real estate agent in Hyderabad deriving commission income. The modus operandi of the business activity is that of identifying properties for sale in Hyderabad and simultaneously identify the interested buyers and sell the properties with a marginal profit. […]

ITAT allows Section 80P Deduction to Advocates Mutually Aided Co-Op Societies

June 11, 2021 1740 Views 0 comment Print

The Advocates Mutually Aided Cooperative Society Ltd. Vs DCIT (ITAT Hyderabad) FULL TEXT OF THE ORDER OF ITAT HYDERABAD These appeal filed by the Assessee as well as Revenue are directed against CIT(A) – 7, Hyderabad’s separate orders, dated 21/02/2019 for AY 2011-12 & 2014-15 involving proceedings u/s 143(3) rws 147of the Income Tax Act, […]

Rent cannot be treated as Business income merely for commercial nature of Property

June 11, 2021 6552 Views 0 comment Print

DCIT Vs Cache Properties Pvt. Ltd. (ITAT Hyderabad) Fact that the property let out is a commercial complex is not sufficient to treat the rental income therefrom as ‘Business Income’. The tests to be applied are; 1) the tenure of the lease, 2) the objects of the company; 3) the intention of the company; and […]

Assessment order passed in Name of non-existent person void ab-initio

June 2, 2021 1176 Views 0 comment Print

DCIT Vs Late Ajit Kumar Vaddevalli (ITAT Hyderabad) We find substance in the submissions of the ld. AR that the AO has passed the order in the name of late Ajit Kumar, nonexistent person, the information of which has been intimated to AO by the wife of assessee, who is the legal heir, during assessment […]

Addition merely on the basis of Dumb Documents not sutainable

May 28, 2021 1275 Views 0 comment Print

Smt. Rontala Tirumala Vs ACIT (ITAT Hyderabad) ITAT finds that the statement of the M.D Shri Rontala Raji Reddy was recorded on 17.10.2014 i.e. a day after the survey on 16.10.2014 and the diaries impounded during the course of survey allegedly corroborated the statement. It is a settled position that no addition can be made […]

Income of Husband cannot be taxed as Income of wife for mere Joint Account & such Account cannot be treated as undisclosed foreign a/c 

May 28, 2021 5415 Views 1 comment Print

ITO Vs Ayesha Abid Ali (ITAT Hyderabad) We find that the Assessing Officer has made the addition in the hands of the assessee of interest income from an A/c with HSBC held by the assessee jointly with her husband which was opened by his employer to deposit his salary income. Therefore, it is not an […]

ITAT upheld addition on account of unaccounted cash towards sale of land

May 28, 2021 783 Views 0 comment Print

ACIT Vs V.V. Rajam (ITAT Hyderabad) On perusal of the statement, AO has observed that the assessee has purchased a land of 2 acres in survey No. 356/3E1/1 situated at Pragnyapur village, Gajwel Mandal, Medak District in his name for a consideration of Rs. 1.2 crore as well as purchased a house in Hyderabad in […]

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