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ITAT Hyderabad

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

June 2, 2021 1236 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 1341 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 5799 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 855 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 […]

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

May 28, 2021 1044 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 1599 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 1251 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 1887 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 2280 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 1473 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.

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