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ITAT Hyderabad

Sec. 54F exemption for deposit in saving a/c instead of capital gain a/c scheme

June 5, 2015 2264 Views 0 comment Print

In deciding the exemption u/s 54F in the case of Sri M.S. Lakshmana Rao vs. DCIT, Hyderabad Tribunal held that non-compliance to condition of depositing sale proceeds in capital gain account scheme as required u/s 54 will not be so fatal to debar the assessee from getting benefit of section 54F.

For claiming deduction u/s 54F mere bank statement showing withdrawal of amount is not sufficient

June 5, 2015 675 Views 0 comment Print

ITAT Hyderabad held in Shri M.S Lakshmana Rao Vs DCIT that if the assesse had not deposited the capital gain amount under the capital gain account scheme in bank then the assesse should not be barred of the exemption of sec 54

Shortage on sales allowable despite Shortage claim at the time of Purchase

June 5, 2015 1363 Views 0 comment Print

In the case of Manikanta Concerns vs. DCIT, ITAT Hyderabad held that the shortage at the time of purchase and the shortage at the time of sale are two different issues and it cannot be said by any stretch of imagination that once the assessee has claimed shortage at the time of purchase

Tax on Agricultural land transferred under JDA

May 22, 2015 4128 Views 0 comment Print

Medravathi Agro Farms Pvt. Ltd. Vs ACIT (ITAT Hyderabad) It is observed that the assessee company as well as other thirteen land owning companies were incorporated with their main object to carry on the agricultural activities and there is no dispute about the same. In order to pursue this main objects, these companies purchased agricultural […]

Interest on Delayed TDS to be charged by taking month as a period of 30 days

March 13, 2015 3447 Views 0 comment Print

Navayuga Quazigund Expressway (P)Limited V/s. DCIT (ITAT Hyderabad), It was contended on behalf of the assessee that interest under S.201(1A) was computed by the assessing officer by considering part of the calendar month as full month

Addition for Deemed Dividend confirmed – Advance against property contention not valid in absence of supporting

February 18, 2015 1195 Views 0 comment Print

Though, assessee has claimed that the amount received was not in the nature of loan/advance, but, towards purchase of land in the name of company, however, assessee has not produced even a single evidence to justify the aforesaid claim.

Section 54F – Assessee cannot be presumed to be owner of Property Purchased by Minor Daughter Out of own resources

January 30, 2015 3231 Views 0 comment Print

By virtue of fiction created by section 64(IA) of the I.T. Act, 1961, the incomes of properties owned by the two minor daughters, were clubbed in the hands of the assessee since the date of purchase of the said properties.

Sec. 54F exemption cannot be denied for mere delay in construction completion

December 31, 2014 5091 Views 0 comment Print

In this scenario, the only issue is whether the amount of consideration received on transfer invested by the assessee in a flat constructed within three years would amount to construction of a residential house within the time limit of three years.

Sec 292BB would operate prospectively as it curtails the right of the assessee

November 7, 2014 1367 Views 0 comment Print

Hon’ble Hyderabad Bench has in the case of M/s. Ghanshyamdas Gems and Jewels v/s DCIT in IT(SS)A No. 16/Hyd/2011 has held that Section 292BB of the Income Tax Act, 1961 would operate prospectively as it curtails the right of the assessee.

Reference u/s 142A is exclusive prerogative of AO

September 5, 2014 2194 Views 0 comment Print

Hon’ble Hyderabad ITAT has in the case of Dr. G. Premalatha v/s DCIT has categorically held that the CIT(A) had no jurisdiction in appeal proceedings to call for a valuation report, which is the exclusive prerogative of the AO.

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