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ITAT Hyderabad

Section 54F exemption cannot be denied for Home Loan default

July 24, 2020 9252 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 672 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 813 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 6129 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 3420 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”?

Debt free Company- No Adjustment for interest free loan to Associated Enterprise

July 9, 2020 1506 Views 0 comment Print

Value Labs Vs ACIT (ITAT Hyderabad) The issue which arises in the present appeal is against the adjustment made in the hands of the assessee on account of interest due on outstanding Receivables by treating the same as international transaction. Much reliance is placed on the explanation inserted under section 92B of the Act with […]

Lease income from agricultural land not used for agriculture is not agricultural income

July 8, 2020 16311 Views 0 comment Print

K. Vinuthna Reddy Vs ITO (ITAT Hyderabad) From the facts of the case it is apparent that both the assessees has proximity with the company to whom they have leased the land. Further, the apprehension of the Ld. AO appears to be quite reasonable because both the assessee has received the lease rent for the […]

AO cannot tax Capital gain of earlier year in subsequent Year

July 8, 2020 648 Views 0 comment Print

Where assessee had received entire consideration and possession of the property was also handed over in the assessment year 2004-05, he would be exigible towards capital gain tax only for the assessment year 2004-05 and not for the assessment year 2007-08 when proper sale deed was executed and registered. Just because capital gain accrued to assessee has escaped tax in assessment year 2004-05, the same cannot be brought to tax subsequently in assessment year 2007-08, therefore, AO was directed to delete the addition made.

Error by CA not changes Income from Capital Gain to Business Profit

July 8, 2020 1032 Views 0 comment Print

Error committed by the Chartered Accountant in his audit report will not alter the intention of the assessee for holding the equity shares purchased by it as investment which is evident from the statement of accounts/Balance Sheet of the assessee.

Capital Gain tax payable on sale consideration receipt despite Release Deed at a later date

May 19, 2020 6165 Views 0 comment Print

Shri I. Seshagiri Rao Vs ITO (ITAT Hyderabad) The issue under consideration is whether the capital gains will be applicable where assessee signed a release deed waiving all his rights, title and interests in the property? During the assessment, the A.O. found that the assessee had entered into a release deed and also a supplementary […]

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