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ITAT Hyderabad

No disallowance for purchase of old Gold from customer against sale of new ornaments

June 8, 2018 1449 Views 0 comment Print

DCIT  Vs Kalanikethan Silks Private Limited (ITAT Hyderabad) As regards, the purchase of old gold, the assessee had filed the copies of the vouchers which are properly bound and preserved and it is submitted that is the normal practice of the customers to bring old gold and buy new ornaments and in that process, the […]

No addition separately for Scrap Sales when Income been assessed on estimated basis

June 8, 2018 1971 Views 0 comment Print

Income from scrap sale should be treated as additional income over and above estimation of income, we notice that for sub-contract, normally estimated at 5%, but, in the given case, assessee has already offered 6%, which includes scrap sales. Generally, scraps are generated in the normal course of business and it should be treated as part of business income only.

Apportionment of expense on R&D and ESOP having no nexus with products manufactured in exempted units not justified

June 8, 2018 1569 Views 0 comment Print

Dr. Reddy’s Laboratories Limited Vs DCIT (ITAT Hyderabad) The case of the assessee, all through, was that R & D expenditure was incurred by the assessee in a separate unit known as ‘IPDO’, which is meant for carrying on R & D. It is also not in dispute that formulations / products arising out of […]

TP: Provision for bad & doubtful debt & bad debts written off are operating expenses

June 8, 2018 11886 Views 0 comment Print

Hyundai Motor India appeal: Including bad debts and provision for bad and doubtful debts as operating expenses is necessary for the purpose of computing profit and loss of comparable companies, the margins of comparable companies

Addition on the basis of bounced cheques- ITAT Slams Revenue officials

June 6, 2018 1719 Views 0 comment Print

CIT Vs Smt. Shashikala Ramkumar (ITAT Hyderabad) First of all it is not understandable how an AO can make addition on the bounced cheques. It is a general banking practice that once cheques are presented for clearance, bank credits out of its own funds, subject to clearance and when cheques are not cleared, the amounts […]

Exemption cannot be denied merely because Assessee has not claimed the same

May 30, 2018 7782 Views 0 comment Print

Manohar Reddy Basani Vs ITO (ITAT Hyderabad) Assessing Officer having concluded that the assessee having neither disclosed the capital gains in the return of income nor claimed any deduction u/s 54F of the Act, the assessee is not entitled to get any deduction u/s 54F, in the same way he should not have added the […]

Notional interest on advances cannot be charged on accrual basis

May 30, 2018 6633 Views 1 comment Print

Briefly stated relevant facts of the case are that the assessee-company is engaged in the business of investment in capital markets. Assessee filed the return of income for the A.Y. 2013-14 on 27.09.2013 declaring a loss of Rs. 5,35,493/-. During the assessment proceedings, Assessing Officer observed that there were unsecured loans to the extent of Rs. 19.25 Crs under ‘advances recoverable in cash or kind.

No TDS default if recipient paid tax on income

May 30, 2018 9369 Views 0 comment Print

ACIT Vs Chaitanya Educational Trust (ITAT Hyderabad) Since the assessee has filed the certificates of the recipients with proof that the recipients have offered the income to tax in their hands, the assessee shall not be treated as an assessee in default u/s 201(1) of the Act. FULL TEXT OF THE ITAT JUDGMENT All are […]

Section 54F exemption cannot be denied for mere non claim in Return

May 30, 2018 2859 Views 0 comment Print

When assessee utilised sale consideration of property in construction of another residential property within prescribed time period, then, merely on account of the fact that the assessee had neither declared the transaction of sale of property nor made any claim of deduction under section 54F in the return of income, deduction under section 54F could not be denied.

MAT Provisions U/s. Section 115JB not applicable to sick company

May 30, 2018 5286 Views 0 comment Print

The facts in brief qua the issue raised in the grounds are that assessee filed its return of income electronically for the AY. 2009-10 on 23-09-2009, declaring NIL income. This return was processed u/s. 143(1) of the Act and the total income was determined at Rs. 69,19,580/- u/s.

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