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ITAT Hyderabad

No reassessment if AO fails to bring new material on record

May 20, 2021 1467 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 2595 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 4986 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 2850 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 2424 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.

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

May 6, 2021 2646 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 3222 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 17835 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 1872 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 711 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 […]

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