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ITAT Cochin

Sec 80P Deduction available to Co-Bank for Interest on Investments with Sub-Treasuries during its Business

July 10, 2018 2844 Views 0 comment Print

ITO Vs M/s. Perinthalmanna Service Co-operative Bank Limited (ITAT Cochin) The Assessing Officer in the impugned orders had disallowed the claim stating that the assessee could not be treated as a primary agricultural credit society as it is engaged in the business of banking and in view of insertion of section 80P(4) with effect from […]

ITAT Condones Delay in filing appeal caused by fault of CA/ Counsel

June 25, 2018 4941 Views 0 comment Print

M/s. Midas Polymer Compounds Pvt. Ltd. Vs ACIT (ITAT Cochin) There was a delay of 2819 days in filing the appeal before the Tribunal. The assessee has stated the reasons in the condonation petition accompanied by an affidavit which has been cited in the earlier para. The assessee filed an affidavit explaining the reasons and […]

Income from trust properties has to be assessed in the hands of beneficiaries

April 19, 2018 9411 Views 0 comment Print

The position under section 161(1) of the Act is that a trustee under a trust cannot be assessed on the aggregate income received by it as a single unit. The assessment in the name of the trustee in terms of the sub-section can be made in two ways.

Two flats in different locations cannot be considered as single residential house for section 54 / 54F

April 5, 2018 8472 Views 0 comment Print

The learned Commissioner of Income Tax(Appeals) erred in allowing the assessees appeal relying on the decision of the Honble High Court of Karnataka in the case of Smt. K.G. Ruminiamma (2011 )331 ITR 211 when the facts of the case are distinguishable from the assessee’s case. In the case of Smt. K.G Ruminiamma

ITAT on allowability of Diesel Expenses from House Property Income

March 22, 2018 1881 Views 0 comment Print

These appeals at the instance of the Revenue are directed against two orders of the Commissioner of Income-tax (Appeals), both dated 30.06.2016. The relevant assessment year is 2009-2010.

Mere payment of amount not enough to claim the same as expense

March 22, 2018 1380 Views 0 comment Print

M/s. K.V. Joseph & Sons Engineering Contractors Vs ACIT (ITAT Cochin) In this case the assessee paid Rs. 200 lakhs as an advance payment to Mr. K.J. Paul to carry out sub contract work of road at Edapally, High Court. The plea of the assessee is that it was incurred for the purpose of business. […]

Interest on bank deposit of equity funds at pre-commencement stage taxable as Other Source Income

March 15, 2018 3003 Views 0 comment Print

Hll Biotech Ltd. Vs ITO (ITAT Cochin) Conclusion: Since assessee-company was still at the pre-commencement stage and during this phase, it had raised equity funds which was invested in fixed deposits of the Banks as well as the holding company and had earned interest on the same, the interest earned had to be taxed as […]

CIT can initiate suo moto proceedings U/s. 263 where AO takes a wrong decision

March 15, 2018 1515 Views 0 comment Print

Cochin International Airport Ltd appeal: The Commissioner is empowered to initiate suo moto proceedings under section 263 where the AO takes a wrong decision

Interest not claimed against against income from house property can be included in Cost of Acquisition

February 21, 2018 2637 Views 2 comments Print

It is not discernable whether the interest paid for the acquisition of the impugned property has been claimed by the assessee under Chapter IVC of the Income Tax Act, 1961, namely ‘income from house property’. If the assessee had already claimed interest under the head income from house property, the same interest cannot be capitalized and added to the cost of acquisition of the property.

Deduction U/s. 80P(2)- Primary agricultural credit society?

February 8, 2018 4668 Views 0 comment Print

An institution registered as a Primary Agricultural Credit Society (PACS) was not entitled to obtain Banking License and, therefore, could not be considered as bank not entitled for deduction under section 80P(2).

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