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ITAT Hyderabad

Addition for Unexplained Investment not justified when Assessee discharges Onus of Explaining Transactions

May 6, 2021 2607 Views 0 comment Print

ACIT Vs Sri Meka Srinivas (ITAT Hyderbad) This Revenue’s appeal for Asst. Year 2008-09 arises from the Commissioner of Income Tax (Appeals)-12, Hyderabad order dt.29.09.2016 passed in case No. 0132/2015-16 in proceedings under Section 143(3) r.w.s. 153A of Income Tax Act, 1961 (‘the Act’). Heard both the parties.  Case file perused. 2. Coming to the […]

Loss due to Encashment of Bank Guarantee allowable

May 6, 2021 3021 Views 0 comment Print

Ogene Systems India Limited Vs ITO (ITAT Hyderabad) Impugned encashment of bank guarantee is outcome of failure to perform its contractual obligation only without involving any offence or penal component u/s.37(1) of the Act. we find that a catena of case law holds that such an encashment of bank guarantee is incurred in the normal […]

Section 35D: ROC expense for increase of share capital allowable

May 5, 2021 16671 Views 0 comment Print

Ocimum Bio Solutions India Ltd. Vs DCIT (ITAT Hyderabad) On perusal of the financial statements submitted by the assessee, we find that there is no doubt that the assessee has increased share capital. On perusal of the provisions of section 35D, we find substance in the written synopsis submitted by the ld. AR of the […]

Section 54 deduction eligible on Expense to Make House Habitable

April 28, 2021 1746 Views 0 comment Print

Sudeep Chandra Vs ITO (ITAT Hyderabad) Cost of acquisition is the price paid by the assessee for the purchase of the house and also the expenditure towards the repairs made by him to make the house habitable and no other expenditure is to be allowed u/s 54 of the Act. As regards the details of […]

FBT payable on Free/concessional electricity provided to employees

April 23, 2021 678 Views 0 comment Print

Singareni Colleries Company Ltd Vs ACIT (ITAT Hyderabad) AR of the assessee submitted that the amount of electricity provided to the employees is not a Fringe Benefit as this is a contractual obligation to the employees working in coal mines which is as per the National Coal Workers Agreement ( NCWA) and this benefit is […]

DTAA exemption cannot be denied merely for non availability of TRC

April 22, 2021 5082 Views 0 comment Print

Ranjit Kumar Vuppu Vs ITO (ITAT Hyderabad) FULL TEXT OF THE ORDER OF ITAT HYDERABAD This is assessee’s appeal for the A.Y 2014-15 against the order of the CIT (A)-10, Hyderabad, dated 14.07.2020. 2. Brief facts of the case are that the assessee, a Non-resident individual, filed his return of income for the A.Y 2014-15 […]

Salary for Services rendered in Foreign Countries cannot be taxed in India for non-production of TRC

April 22, 2021 5682 Views 0 comment Print

Sri Vamsee Krishna Kundurthi Vs ITO (International Taxation) (ITAT Hyderabad) As the assessee has spent less than 60 days in India during the FY 2013-14, he qualifies as a Non resident under section 6(1) of the Act. Therefore, the foreign allowance of Rs.19,79,072/- was not offered to tax in India in the return of income […]

No Section 194C TDS on Hire Charges if not satisfies threshold limit of Rs. 20000

April 22, 2021 5355 Views 0 comment Print

ACIT Vs Late D. Mahendran (ITAT Hyderabad) The AO disallowed hire charges for non-deduction of tax u/s 40(a)(ia) of the I.T.Act, with an observation that the appellant has not brought on record any supporting evidence that he had hired lorries and trucks in the manner the public hire an auto or a taxi on the […]

No penalty for difference of opinion on treatment of rental income

April 22, 2021 1221 Views 0 comment Print

Raghuram Garikapati Vs DCIT (ITAT Hyderabad) The assessee’s sole substantive grievance raised in the instant appeal challenges correctness of both the lower authorities’ action imposing Section 271(1)(c) penalty of Rs.10,46,957/- pertaining to quantum addition arising from treatment of rental income (as to whether it came under the head ‘income from house property’ or ‘income from […]

No liability on Managing Director for unaccounted income of company

April 21, 2021 1191 Views 0 comment Print

Additions made on the basis of statement of assessee u/s 132(4) in the hands of assessee ignoring the fact that the seized material belongs to company was not justified as the same were not attributable to the Managing Director for undisclosed and unaccounted income of the Company.

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