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ITAT Hyderabad

Tax on Sale of Property cannot be levied from GPA Holder

April 29, 2020 5208 Views 0 comment Print

Sama Om Reddy Vs ITO (ITAT Hyderabad) Ld.Counsel for the assessee had reiterated the submissions made by the assessee before the AO and has submitted that by virtue of the Agreement of Sale cum GPA and handing over of the possession, the assessee had transferred the property in favour of the Vendee/GPA-holder, Shri A.Manikyam. It […]

Misplacement of papers by one of office staff- ITAT condones 368 day delay

March 11, 2020 720 Views 0 comment Print

Shakti Hormann Pvt. Ltd. Vs DCIT (ITAT Hyderabad) We find that the assessee is not benefitting in any way by not filing the appeal in time before the Tribunal. The assessee has explained the reasons as misplacement of papers by one of the office staff. This is one of the possible reasons for not being […]

No transfer on acquisition of own property by assessees in the names of their childrens

March 5, 2020 1053 Views 0 comment Print

Thus, it is seen that there is actually no sale of property by the assessees before us and the Sale Deed has been executed by the original owners through GPA holders to the children of assessees. Therefore, in my opinion, there is no transfer of property by the assessees in fact it is acquisition of property by the assessees in the names of their children and it is not the case of transfer or gain on sale of property.

Assessee to Offer Business Income in Year in which Stock-in-Trade was Sold

February 21, 2020 2439 Views 0 comment Print

The issue under consideration is whether in case of real estate, tax liability will be arise when land was sold or when same was contributed for development under JDA?

Salary cannot be disallowed for mere non furnishing copies of appointment order, attendance register

October 30, 2019 1728 Views 0 comment Print

Manne Hareesh Vs ITO (ITAT Hyderabad) During the course of scrutiny assessment proceedings, it was observed by the Ld. AO that the assessee has debited in his P & L Account an amount of Rs. 2,40,000 towards Accounting Charges. On query, it was explained by the assessee that the outstanding amount of Rs. 2,40,000 was […]

No Section 271B Penalty if books of account not maintained

October 23, 2019 3282 Views 0 comment Print

Naveen Kumar Kaparthy Vs ITO (ITAT Hyderabad) In the instant case, when the books of account are not maintained, the AO did not initiate any proceedings for not maintaining the books of account. The AO obviously satisfied that the books of account were not maintained for good and sufficient reasons. When the AO accepted the […]

No taxable gain on Land Purchased & Sold as Agricultural land

September 5, 2019 2580 Views 0 comment Print

The issue under consideration is whether the land purchased by the assessee as agricultural land & whether the income from such sale is business income or capital gains?

Reassessment invalid if section 148 notice not served within stipulated period

August 30, 2019 2106 Views 0 comment Print

Though AO had issued notice under section 148 on 26-3-2014, i.e., within period of six years from the end of relevant assessment year, however, it was returned unserved by postal authorities and even notice by affixture was also served on 4-4-2014 and there was no report of AO containing names and addresses of witnesses having identified the property, therefore, in the absence of section 148 notice served within stipulated period, reassessment proceedings were invalid.

Depreciation on Wheel loaders & Graders as Motor Vehicles

May 15, 2019 13812 Views 1 comment Print

The issue under consideration is whether the CIT(A) is correct in charging depreciation at the rate of 30% on wheel loaders and graders?

No Penalty for Loan in cash for sisters marriage which was repaid through RTGS

May 10, 2019 2556 Views 0 comment Print

: Where there existed reasonable cause for the assessee in accepting the loans in cash and particularly as the loans were repaid by way of RTGS, i.e., via banking channels, penalty levied by AO under section 271D was deleted.

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