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ITAT Hyderabad

Section 41(1) No Addition without evidence of cessation of trading liability

November 21, 2020 5838 Views 0 comment Print

Nama Properties Ltd. Vs DCIT (ITAT Hyderabad) In the decisions relied upon by the learned Counsel for the assessee it was held that the genuineness of the trade payables or creditors has to be examined in the year in which they originate and that unless the liability becomes unenforceable or is written off by the […]

No capital gain if possession is taken back & there was no development

November 13, 2020 1092 Views 0 comment Print

Santosh Kumar Subbai Vs ITO (ITAT Hyderabad) In the instant case, the assessee has entered into development agreement for construction of duplex houses and assessee was to receive the constructed area of 5000 sq.ft by virtue of development agreement. However, after entering into agreement, the developer has vanished and no real development took place till […]

No Tax if no development taken place & Possession taken back

November 13, 2020 903 Views 0 comment Print

Santosh Kumar Subbani Vs ITO (ITAT Hyderabad)  In the instant case, the assessee has entered into development agreement for construction of duplex houses and assessee was to receive the constructed area of 5000 sq.ft by virtue of development agreement. However, after entering into agreement, the developer has vanished and no real development took place till […]

Additions made without issuing show cause notice were invalid

October 12, 2020 14919 Views 0 comment Print

Lal Construction Company Vs DCIT (ITAT Hyderabad) During the assessment proceedings u/s.143(3) of the of the Income Tax Act [Act], the Assessing Officer (AO) noticed that there is a difference between the total receipts offered to tax by the assessee and the receipts reflected in Form-26AS. The AO after hearing the assessee, considered the turnover […]

GPA holder cannot be taxed on sale of property When he was not owner of property

October 5, 2020 10581 Views 0 comment Print

Shri Rama Chandra Reddy Vs. ITO (ITAT Hyderabad) In this case GPA was given by three persons i.e. (i) Shri K. Pratap Reddy, Sri K. Madhav Reddy and Shri K. Dharma Reddy in favour of the assessee in the year 1990 and it is mentioned therein that the possession of the said land was also […]

Section 194H TDS not applicable on Payment gateway charges paid to banks/credit card agencies

September 29, 2020 24831 Views 1 comment Print

ACIT Vs. Head Infotech India Pvt. Ltd. (ITAT Hyderabad) Assessee hosts online games and when the customers make payments through banking Gateways by way of credit or debit card of the relevant banks ( which are referred to as Gateways) and while transferring money to the assessee’s account, banks invariably retain service charges. It is […]

No TP adjustment for interest on receivables from AE’s if delay is less than industry average

September 4, 2020 1317 Views 0 comment Print

TPO has not given any finding on the No. of days delay in receivables. As submitted by the learned AR, the delay was less than 90 days and the industry acceptable period of average is 90 days. The Coordinate Bench of the ITAT in assessee’s own case for the A.Y 2013-14 has taken view that no adjustment is required if the delay is between 90 to 120 days.

Investment on Renovation of New Residential House Eligible for section 54F Exemption

September 4, 2020 20754 Views 0 comment Print

The issue under consideration is whether the investment made on renovation of new residential house is eligible for exemption u/s 54F?

Section 54F exemption on renovation/re-modification expense of house

September 4, 2020 13074 Views 0 comment Print

Juveria Begum Vs ITO (ITAT Hyderabad) Section 54F of the Act only mandates that the capital gain should be invested in ‘a residential house’ within the stipulated time by way of purchase or construction. Thus, the amount spent on renovation of such residential house by an assessee according to his requirements is also allowable as […]

Entire Purchases cannot be Treated as Bogus if Payments Made through Accounted Money

July 28, 2020 3357 Views 0 comment Print

Bhagatram Vs ACIT (ITAT Hyderabad) The issue under consideration is whether the CIT(A) is correct in considering the entire purchase as bogus purchase? ITAT states that it is also a known fact that Gold / Gold Jewellery is often purchased in the grey market in order to avoid taxes/customs duty etc., by the traders. In […]

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