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ITAT Hyderabad

Section 271AAC Penalty not applicable if tax under section 115BBE is nil

June 8, 2023 5391 Views 0 comment Print

ITAT Hyderabad in case of Shri Vijay Kumar Reddy Vs ACIT held that section 271AAC penalty not applicable if tax under section 115BBE of Income Tax Act is nil

Re-assessment beyond 4 years without recording satisfaction of CIT is invalid

June 2, 2023 1089 Views 0 comment Print

ITAT Hyderabad held that for re-assessment beyond a period of 4 years, recording of satisfaction by the CIT is a must under the Income Tax Act, 1961. In absence of the same, re-assessment proceedings are invalid.

Penalty under 271D deleted in absence of satisfaction in Assessment Order

June 2, 2023 4296 Views 0 comment Print

Sri Raja Reddy Nalla Vs Add. CIT (ITAT Hyderabad) Assessee had received cash in connection with sale of immovable property . As the amount was more than the specified limit of Rs. 20,000/- , penalty proceedings u/s. 271D were initiated for violating Sec 269SS and penalty order u/s. 271D was passed levying a penalty of […]

Right to operate toll roads & collect toll charges is an intangible asset

June 1, 2023 2703 Views 0 comment Print

ITAT ruled that the right to operate toll roads and collect toll charges should be classified as an ‘intangible asset’ and can also be regarded as a business or commercial right.

ITAT directs AO to verify TDS correction statement linking unconsumed challan with TDS deduction

May 31, 2023 774 Views 0 comment Print

ITAT Hyderabad directs reexamination of TDS linkage, offering Country Club Hospitality & Holidays Limited a chance to avoid interest liabilities in a landmark ruling.

ITAT deletes section 69A Addition for Money kept for Treatment of Grand Mother

May 31, 2023 867 Views 0 comment Print

Yeddula Harsha Vardhan wins appeal against DCIT at ITAT Hyderabad, as Rs. 4 lakhs addition under section 69A is deleted. Read the full verdict here.

Depreciation on goodwill allowable once existence of goodwill is established

May 31, 2023 1476 Views 0 comment Print

ITAT Hyderabad held that the net balance of purchase consideration paid, and the value of net assets acquired is Goodwill and once the existence of Goodwill is established, Depreciation on such goodwill cannot be questioned further.

Rectification application dismissed in absence of substantial or collateral proceedings pending before AO

May 30, 2023 1746 Views 0 comment Print

ITAT Hyderabad held that in absence of any substantial proceeding or collateral proceedings pending before AO, AO was right in not entertaining the application for rectification filed by the assessee.

Additional income once accepted cannot be later rectified and taxed as per section 115BBE

May 27, 2023 4755 Views 0 comment Print

ITAT Hyderabad held that once additional income offered during survey was simply accepted and assessment order was passed u/s 143(3) of the Income Tax Act without invoking provisions of section 115BBE. Then, provisions of section 115BBE cannot be invoked via rectification as per section 154.

Provisions of section 56(2)(viia) applicable on shares received on account of amalgamation

May 18, 2023 3816 Views 0 comment Print

ITAT Hyderabad held that provisions of section 56(2)(viia) of the Income Tax Act are attracted on shares received by the assessee company on account of amalgamation.

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