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ITAT Hyderabad

Share transaction via stock exchange evidenced by broker’s note not Bogus unless revenue prove otherwise

November 17, 2017 1641 Views 0 comment Print

Sri Lal A. Khemani Vs. ITO (ITAT Hyderabad) There is no dispute that assessee had purchased shares through stock exchange as evidenced by the broker’s note and also sold through stock exchange by way of another broker’s note. Both of which contain the transaction details, time of transaction along with STT paid. There is no […]

Transfer of property by way of GPA is not a valid transfer, So no capital gain arises

November 17, 2017 7518 Views 0 comment Print

Smt. Maniza Jumabhoy Vs. Asst. Commissioner of Income Tax (ITAT Hyderabad) Assessee has entered into is not a ‘sale deed’ as considered by the AO and CIT(A) but only an ‘agreement of sale cum Irrevocable General Power of Attorney’ for a property, which the Hon’ble Court has held that these three parties have no ownership […]

Rental Income inextricably linked with setting up of project is capital receipt

November 17, 2017 1050 Views 0 comment Print

M/s. DSL Vs ITO (ITAT Hyderabad)  In the present case, the rents are received on a property purchased for setting up of the project and is inextricably linked to the completion of the project. Considering the fact that the assessee had taken steps to evict tenants and also paid compensation to them while getting vacant […]

Re-Assessment merely on direction from Superiors is Invalid

November 15, 2017 1290 Views 0 comment Print

Hyderabad bench of Income Tax Appellate Tribunal held that if the AO was satisfied with the original assessment then the re-assessment order under section 147/ 148 of the Income Tax Act passed only on the direction of the superior officers is invalid.

No penalty for failure to get books audited for Bonafide belief of non-applicability of Audit

November 15, 2017 3744 Views 0 comment Print

Penalty u/s. 271B is attracted for failure to get accounts audited u/s. 44AB. Even though the law prescribes the levy of penalty, in case of default, the same is not automatic as provisions of Section 273B gives relief, when there is a reasonable cause.

No further addition if books are rejected and ad hoc addition been made

November 10, 2017 1659 Views 0 comment Print

Where there was estimation of business income, disallowance and consequential addition of revenue expenditure was not sustainable, in view of decision in Indwell Constructions v. CIT (1998) 232 ITR 776 (AP-HC). Since AO already had made estimation of income at 5% after rejection of books of account of assessee, no further disallowance of business expenditure could be made by AO.

Section 292BB cannot cure jurisdictional error; Time-barred Notice cannot be deemed as valid

November 10, 2017 2856 Views 0 comment Print

A reassessment order cannot be passed without compliance with the mandatory requirement of notice u/s 143(2) being issued as the requirement of issuance of such notice is a jurisdictional one and section 292BB cannot cure jurisdictional error.

In case of rejection of books only AO can made addition only by way of Income estimation

November 10, 2017 4005 Views 0 comment Print

ITA No. 202/Hyd/2015 is the appeal filed by M/s. Sree Nagendra Constructions for the assessment year 2011-12, while ITA No. 167/Hyd/2015 is the appeal filed by the Revenue against the relief granted to M/s. Sree Nagendra Constructions for the assessment year 2009-10.

Letting of Marriage / Cultural Hall by Trust is not a ‘Commercial Activity’ if main object is Charity

November 10, 2017 6360 Views 0 comment Print

The Hyderabad bench of Income Tax Appellate Tribunal (ITAT), while allowing tax exemption under section 11 of the Income Tax Act to Kalinga Cultural Trust, held that the activity of letting out of marriage hall by the assessee- trust would not constitute commercial activity for the purpose of denying tax relief to them.

Shares acquired from overseas investors are also foreign exchange assets u/s 115E

October 31, 2017 903 Views 0 comment Print

Sri Shashi Parvatha Reddy Vs DCIT (ITAT Hyderbad) Coming to the second category of shares i.e. the original and the bonus shares transferred to the assessee by the overseas investors without any cost attached to them, we find that the original shares were initially purchased or acquired by the overseas investors by way of inward […]

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