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ITAT Hyderabad

Tax on Income from mushrooms grown in controlled conditions

July 9, 2018 1998 Views 0 comment Print

Agricultural operations carried out by assessee on land/soil, being human skill and labour were basically agricultural operation and as such just because mushrooms are grown in controlled conditions it does not negate claim of assessee that income arising from sale of such mushrooms was agricultural income and thus exempt under section 10(1).

Mushrooms are fungus and Income from production & sale of Mushrooms is ‘agricultural income’

July 9, 2018 28008 Views 0 comment Print

DCIT  Vs. Inventaa Industries Private Limited (ITAT Hyderabad Special Bench) Mushrooms are fungus which are produced from spawn and not plants or crops and hence not agriculture. They are grown in trays of prepared soil in climate controlled rooms for commercial. We cannot restrict the word “product” to ‘plants’, ‘fruits’, ‘vegetables’ or such botanical life […]

Exemption U/s. 11 cannot be denied for Mere collection of fees for water Testing

June 28, 2018 639 Views 0 comment Print

Institute of Health Systems Vs ITO (ITAT Hyderabad) Assessee’s activity comes within the purview of exceptions provided sub-section (15) of sub-clause (i) for the reason that the activity of the assessee is testing of the water quality, which monitors quality in reservoirs and slum areas, for that, assessee has charged some fee and almost the […]

No addition separately for bank deposits when Income been assessed on estimated basis

June 8, 2018 1488 Views 0 comment Print

Sri Manne Baswa Reddy Vs ITO (ITAT Hyderabad) The deposits in the bank account pertain to assessee. Assessee had substantial income during the year and that too he is doing retail business in IMFL. There is no allegation that these amounts also pertain to the business by the AO. Since the deposits are through-out the […]

TDS not deductible on Advance Received towards Professional Fee which is returned back

June 8, 2018 9711 Views 0 comment Print

Advance received by the assessee towards his professional fee, when it is returned, is not covered by any of the provisions of Chapter XVIIB requiring TDS.

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

June 8, 2018 1572 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 2079 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 1650 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 12225 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 1815 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 […]

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