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ITAT Hyderabad

Section 194H TDS not applicable on Payment gateway charges paid to banks/credit card agencies

September 29, 2020 21303 Views 1 comment Print

ACIT Vs. Head Infotech India Pvt. Ltd. (ITAT Hyderabad) Assessee hosts online games and when the customers make payments through banking Gateways by way of credit or debit card of the relevant banks ( which are referred to as Gateways) and while transferring money to the assessee’s account, banks invariably retain service charges. It is […]

No TP adjustment for interest on receivables from AE’s if delay is less than industry average

September 4, 2020 1107 Views 0 comment Print

TPO has not given any finding on the No. of days delay in receivables. As submitted by the learned AR, the delay was less than 90 days and the industry acceptable period of average is 90 days. The Coordinate Bench of the ITAT in assessee’s own case for the A.Y 2013-14 has taken view that no adjustment is required if the delay is between 90 to 120 days.

Investment on Renovation of New Residential House Eligible for section 54F Exemption

September 4, 2020 18831 Views 0 comment Print

The issue under consideration is whether the investment made on renovation of new residential house is eligible for exemption u/s 54F?

Section 54F exemption on renovation/re-modification expense of house

September 4, 2020 6846 Views 0 comment Print

Juveria Begum Vs ITO (ITAT Hyderabad) Section 54F of the Act only mandates that the capital gain should be invested in ‘a residential house’ within the stipulated time by way of purchase or construction. Thus, the amount spent on renovation of such residential house by an assessee according to his requirements is also allowable as […]

Entire Purchases cannot be Treated as Bogus if Payments Made through Accounted Money

July 28, 2020 2751 Views 0 comment Print

Bhagatram Vs ACIT (ITAT Hyderabad) The issue under consideration is whether the CIT(A) is correct in considering the entire purchase as bogus purchase? ITAT states that it is also a known fact that Gold / Gold Jewellery is often purchased in the grey market in order to avoid taxes/customs duty etc., by the traders. In […]

Section 54F exemption cannot be denied for Home Loan default

July 24, 2020 9144 Views 0 comment Print

The issue under consideration is whether the default in home loan by the owner of the property can be the reason to disallow the capital gain deduction u/s 54F of the Income Tax Act, 1961?

Gift not unexplained merely because donor holds Low Economic class Ration Card

July 24, 2020 600 Views 0 comment Print

The issue under consideration is whether the Ration Card can be considered as a source of determining financial status of assessee and whether gift from person holding Ration Card of Low Economic class can betreated as unexplained Credit under section 68 of Income Tax Act, 1961 ?

Section 54/54F exemption: ITAT directs AO to consider additional evidence

July 24, 2020 780 Views 0 comment Print

The issue under consideration is whether the tribunal can give fresh opportunity to the assessee to submit evidence which assessee might not have been able to provide at the time of hearing?

Section 50C not applies if Market Value of Property reduced due to Defect in Property Title

July 23, 2020 5733 Views 0 comment Print

The issue under consideration is whether the provisions of section 50C of the Act can be applied in cases where the market value of the property is reduced due to the defect in the title of the property?

Section 50C cannot be invoked in respect of TDR Rights

July 22, 2020 3228 Views 0 comment Print

whether section 50C can be invoked in respect of the right to receive compensation on compulsory acquisition of land & the TDR rights as the same would not come within the meaning of “immovable property”?

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