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ITAT Hyderabad

ITAT accepts claim of mutuality on transfer fee but not on interest on investments

February 1, 2021 624 Views 0 comment Print

Armed Forces Officers Co-operative Housing Society Ltd. Vs ITO (ITAT Hyderabad) A perusal of the assessee’s identical pleadings in all these six appeals fails to pin point any factual distinction qua the interest issue in these assessment years before us. We therefore adopt judicial consistency and partly confirm both the lower authorities’ action disallowing the […]

‘Hundi receipts’ in cash towards Corpus of Trust is Capital Receipt

January 29, 2021 4176 Views 0 comment Print

The clinching fact that emerges here is that assessee’s ‘hundi’ receipts in cash from donors are not revenue items but capital receipts only. The relevant provisions of the ‘Endowment Act’ duly makes it clear that they are corpus donations which nowhere go against the provisions of tax law.

Income from Land is Agricultural Income if Basic Agricultural Operations performed

January 28, 2021 984 Views 0 comment Print

Nadeem Mohd. Abdul Vs ITO (ITAT Hyderabad) On a literal reading of Clause (a) of sub-section 1A to Section 2 we find that it refers to any rent or revenue (emphasis supplied by me) derived from land which is situated in India and is used for agricultural purposes. This section does not specify that the […]

Section 80P deduction eligible on Interest Income on Saving Bank Account

January 6, 2021 3975 Views 0 comment Print

Vanam Mahila Sangam Limited Vs ITO (ITAT Hyderabad) Only issue before the Tribunal is whether the interest income  earned  by  the assessee firm from the deposits in the Savings Bank is eligible for deduction u/s 80P(2) of the I.T. Act. The AO and the CIT (A) have relied upon the decision of the Hon’ble Supreme […]

Consideration of Provision for bad & doubtful debts as operating expenses in computation of PLI

December 18, 2020 1521 Views 0 comment Print

ADP Private Ltd. Vs CIT (ITAT Hyderabad) With regard to the working capital adjustment, it is the case of the assessee that the provision of bad and doubtful debts should be considered as operating expenses while computing the PLI. He submitted that the transactions can be considered as a comparable only after making adjustments to eliminate […]

Section 41(1) No Addition without evidence of cessation of trading liability

November 21, 2020 4902 Views 0 comment Print

Nama Properties Ltd. Vs DCIT (ITAT Hyderabad) In the decisions relied upon by the learned Counsel for the assessee it was held that the genuineness of the trade payables or creditors has to be examined in the year in which they originate and that unless the liability becomes unenforceable or is written off by the […]

No capital gain if possession is taken back & there was no development

November 13, 2020 924 Views 0 comment Print

Santosh Kumar Subbai Vs ITO (ITAT Hyderabad) In the instant case, the assessee has entered into development agreement for construction of duplex houses and assessee was to receive the constructed area of 5000 sq.ft by virtue of development agreement. However, after entering into agreement, the developer has vanished and no real development took place till […]

No Tax if no development taken place & Possession taken back

November 13, 2020 765 Views 0 comment Print

Santosh Kumar Subbani Vs ITO (ITAT Hyderabad)  In the instant case, the assessee has entered into development agreement for construction of duplex houses and assessee was to receive the constructed area of 5000 sq.ft by virtue of development agreement. However, after entering into agreement, the developer has vanished and no real development took place till […]

Additions made without issuing show cause notice were invalid

October 12, 2020 12351 Views 0 comment Print

Lal Construction Company Vs DCIT (ITAT Hyderabad) During the assessment proceedings u/s.143(3) of the of the Income Tax Act [Act], the Assessing Officer (AO) noticed that there is a difference between the total receipts offered to tax by the assessee and the receipts reflected in Form-26AS. The AO after hearing the assessee, considered the turnover […]

GPA holder cannot be taxed on sale of property When he was not owner of property

October 5, 2020 8697 Views 0 comment Print

Shri Rama Chandra Reddy Vs. ITO (ITAT Hyderabad) In this case GPA was given by three persons i.e. (i) Shri K. Pratap Reddy, Sri K. Madhav Reddy and Shri K. Dharma Reddy in favour of the assessee in the year 1990 and it is mentioned therein that the possession of the said land was also […]

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