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ITAT Hyderabad

Cost perceived by donor of Gift cannot be considered as Cost of acquisition

July 3, 2022 3129 Views 0 comment Print

Saireddy Pruthviraj Reddy Vs ITO (ITAT Hyderabad) It is pleaded by the assessee before us that while receiving the flat No. 914, the mother of the assessee valued the same at Rs. 27,23,000/-and offered to tax the capital gains arising therefrom. On this premise the assessee insists that the cost of acquisition of plot No. […]

No section 69 addition for cash received for House Rent & Agricultural Land deposited during Demonetization

July 1, 2022 984 Views 0 comment Print

Explore the ITAT Hyderabad ruling in Sri Narsimha Reddy Pindi vs ITO case. Understand how past savings from rental and agricultural income validated the demonetization period cash deposit.

Social welfare expenses incurred at workplace & nearby villages allowable

June 30, 2022 2664 Views 0 comment Print

Expenditure incurred by the assessee was not merely philanthropic, but also had a business angle, therefore, deduction was allowable to assessee under section 37.

ITAT deletes addition for cash deposited during demonetization based on past trend of Cash Sales & Deposit

June 28, 2022 3105 Views 0 comment Print

Lateef Abdul Mohd. successfully challenges ITAT Hyderabad decision on cash deposit addition during demonetization, citing sales correspondence and legal precedent.

Addition u/s 68 based on impounded document, supported with entries, tenable

June 28, 2022 648 Views 0 comment Print

The document impounded herein is duly supported by all the correct entries as per assessee’s stand itself, addition u/s 68 tenable

Document related to to expenses/EBIDTA details, etc. can’t be said incriminating material to initiate proceedings u/s 153A

June 23, 2022 513 Views 0 comment Print

Vivimed Labs Limited Vs ACIT (ITAT Hyderabad) hon’ble apex court’s landmark decision in CIT Vs. Sinhaghad Technical Educational Society (2017) 84 com 290 (SC) that no such proceedings initiated u/s 153A of the Act sustainable in law for want of incriminating material found or seized during the course of search. We make it clear that […]

Refund of TDS credit cannot be denied irrespective of year of appearance in form 26AS

June 21, 2022 2625 Views 0 comment Print

GSR Ventures Private Limited Vs DCIT (ITAT Hyderabad) Once any TDS is effected in accordance with the provisions of the Act and paid to the Central Government, such an amount shall be treated as a payment of tax on behalf of the person from whose income the deduction was made, and, therefore, a credit of […]

Assessment order erroneous as AO failed to conduct minimum enquiry

June 17, 2022 567 Views 0 comment Print

Dr. Kalpana Alexander Vs. ACIT (ITAT Hyderabad) There is nothing to contradict the opinion of the learned PCIT that there is failure on the part of the learned Assessing Officer to make the minimum enquiry, let alone sufficient enquiry on this aspect. Assessment order held erroneous. Facts- The assessee is an individual, and a medical […]

56(2)(viib) applies to company, issuing shares at premium, where public are not substantially interested

June 17, 2022 3519 Views 0 comment Print

Dy.CIT Vs Sembcorp Energy India Limited (ITAT Hyderabad) Applicability of section 56(2)(viib) is only in a case where the shares are issued at a premium by a company in which public are not substantially interested. Facts- During the course of assessment proceedings, it was craved before AO that price at which the shares were issued […]

Income accrues only when services are rendered

June 13, 2022 1665 Views 0 comment Print

DCIT Vs Hyderabad Educational Institutions Pvt. Ltd (ITAT Hyderabad) The tuition fee is received in the last quarter of a financial year, however, the corresponding service is rendered by the assessee in the next quarter which falls in a different financial year. Accordingly, held that income accrues only when the right accrued by rendering of […]

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