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ITAT Hyderabad

Earlier agreement for sale of land can draw inference for ‘concealment of sale consideration’

May 28, 2021 1026 Views 0 comment Print

ACIT Vs. V. V. Rajam (ITAT Hyderabad) 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 ₹ 1.2 crore as well as purchased a house in Hyderabad in his wife’s name for […]

Section 147 Assessment order passed on Individual for Property of HUF liable to be quashed

May 28, 2021 1521 Views 0 comment Print

The property was conveyed to assessee after the death of his father in 1955, i.e. before coming into force of Hindu Succession Act, 1950. Accordingly, the property belonged to HUF of assessee and not to assessee-individual. Therefore, the assessment order passed under section 147 for difference in sale consideration and fair market value of property itself was liable to be quashed.

Revenue cannot take a different stand in case of Co-Owners

May 27, 2021 1191 Views 0 comment Print

Smt. Bachupally Laxmi (alias Routhu Laxmi) Vs ITO (ITAT Hyderabad) For the purpose of computation of LTCG arising out of the development agreement cum GPA, the Assessing Officer has accepted that the assessee has acquired the flats as on 9.11.2009 and therefore, in the year 2012 when the assessee has sold the flat, the holding […]

Compensation paid for not complying with law was allowable as normal expenditure u/s 37(1)

May 27, 2021 1746 Views 0 comment Print

Payments were made to various state government departments for delay in submission of form or document or compliance with the procedures, in which case, the payment was not for violation of law but compensation for not complying with law and was allowable expenditure as normal business expenditure u/s 37(1).

Section 194A TDS not applicable if amount was below threshold limit

May 20, 2021 2220 Views 0 comment Print

ACIT Vs Singareni Colleries Company Ltd. (ITAT Hyderabad) On careful reading of the Notes submitted by the assessee company it is clear that the assessee is providing interest at certain percentage and credited to the fund account. Further, he observed that it is also a fact that the insurance premium is paid out of interest […]

No reassessment if AO fails to bring new material on record

May 20, 2021 1389 Views 0 comment Print

Reassessment made by AO in respect of assessee-bank was quashed as no new material was brought on record by AO in the reopening of assessment to establish that the income of the assessee had escaped assessment as assessee had already disclosed all the information necessary for completion of original assessment and the reopening of assessment made beyond four years from the AY under consideration.

Income from development agreement to Land Owner is capital gain if owner not undertaken any development activity

May 19, 2021 2523 Views 0 comment Print

Meena Lahoti Vs Income Tax Officer (ITAT Hyderabad) Learned counsel’s argued that both the learned lower authorities have erred in law and on facts in adding impugned short term capital gains of Rs.51,72,920/- thereby ignoring the clinching fact that she had in fact indulged in development of her land in issue in the nature of […]

Late deposit of Employees Provident Fund prior to 01-4-2021 will not attract any disallowance- ITAT Hyderabad

May 19, 2021 4905 Views 0 comment Print

Hon’ble Hyderabad ITAT has in the case of Value Momentum Software Services Private Limited in I.T.A. No. 2197/HYD/2017 has held that late deposit of Employees Provident Fund prior to 01-4-2021 will not attract any disallowance as the explanation inserted by Finance Act,2021 in section 43B and Sec 36(va) has prospective effect and the same will be applicable only from 01-04-2021

Corporate guarantee forms an international transaction for Transfer pricing

May 11, 2021 2736 Views 0 comment Print

GOCL Corporation Ltd. Vs DCIT (ITAT Hyderabad) Learned counsel’s first and foremost argument is that a corporate guarantee is a shareholder’s activity which has been wrongly treated as an international transaction u/s.92B read with Explanation inserted by the Finance Act, 2012 with retrospective effect from 01-04-2002. He next sought to draw a distinction between the […]

No deduction u/s 80IA(4) granted in first year could be denied in subsequent Years unless there was change in original terms and conditions

May 6, 2021 2295 Views 0 comment Print

When deduction u/s 80IA(4) had been granted in first year of claim the same could not be denied in subsequent years, unless assessee had changed the original terms and conditions in the first year while fulfilling for the granting deduction in the first year of operation.

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