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ITAT Cochin

Late fee u/s 234E for processing for period prior to 1st June 2015 unsustainable

April 9, 2023 225 Views 0 comment Print

ITAT Cochin held that levy of late fee under section 234E for processing for period prior to 1st June 2015 is unsustainable and bad-in-law.

Deduction u/s 54F not deniable on ground of pre-owning of residential house in foreign

March 30, 2023 948 Views 0 comment Print

ITAT Cochin held that as per condition mentioned in section 54F deduction is not available if the assessee owns more than one residential house, other than the new asset. The same should be interpreted to mean ownership of residential houses in India. Accordingly, deduction u/s. 54F not deniable if assessee owns two residential houses in USA

Income recorded on estimated basis supported with possible evidence is acceptable

January 16, 2023 1641 Views 0 comment Print

ITAT Cochin held that agricultural income recorded on estimated basis needs to accepted as it was supported by all the possible evidence for estimating income. Revenue has not brought anything on record to show the income estimated and the percentage of expense claimed is not correct.

If assessee not earned exempted income, there cannot be section 14A disallowance

November 24, 2022 867 Views 0 comment Print

Vertex Securities Ltd Vs ITO (ITAT Cochin) The assessee has made an investment in equity shares of Rs.5,84,10,100/-. The dividend from such investment is exempted from the tax. Accordingly, AO computed the disallowance u/s 14A of the Act at Rs.11,84,111/-. The same was confirmed by the Ld. CIT(A). Before us, Ld. A.R. submitted that assessee […]

Allegations per se cannot be ground for cancellation of Trust registration

November 7, 2022 1518 Views 0 comment Print

Last Hour Ministry Vs CIT (Exemptions) (ITAT Cochin) A perusal of the order cancelling registration wherein various reasons have been given as mentioned earlier apparently show that these reasons would at best give rise to violations u/s.13(1)(c) and 13(1)(d) of the Act which would result in additions in the assessment and re­assessment. Such violations, if […]

Before 01.04.2017 assessee can set off loss against Section 115BBE income

July 12, 2022 3090 Views 0 comment Print

Heera Kerala Developers Pvt. Ltd. Vs ACIT  (ITAT Cochin) After hearing the rival submissions we observe from the assessment order passed under Section 143(3) of the Act that there was an addition made by the AO under Section 68 of the Act to the tune of Rs.71,66,000/-which has been set off from the returned loss […]

Share application money – ITAT quashes Section 263 Revision proceedings

June 22, 2022 516 Views 0 comment Print

Armajaro Trading India (P) Limited Vs ITO (ITAT Cochin) In the instant case, one of the reasons for limited scrutiny was for the purpose of examining whether the share application money received by the assessee was genuine and was from disclosed sources. It is seen that the assessee had shown an amount of Rs.2,55,94,110 as […]

Section 80P(2)(a) deduction not eligible on Income from house property

April 3, 2022 1989 Views 0 comment Print

ITO Vs Hosdurg Service Cooperative Bank Limited (ITAT Cochin) The CIT(A) had held rental income received by the assessee was not entitled to deduction u/s 80P(2) of the I.T.Act. The relevant finding of the CIT(A) reads as follows:- “The appellant derived rental income amounting to Rs.24,400/- in A.Y. 2007-08, Rs.21,950/- in A.Y. 2008-09, Rs.16,700/- in […]

Denial of carry forward of business loss for non-completion of statutory audit is unjustified

March 3, 2022 3543 Views 0 comment Print

Held that the carry forward of business loss cannot be denied to the assessee merely on the ground that the statutory audit/tax audit was not completed within the prescribed period.

Additions towards undisclosed purchases/ expense etc. goes against spirit of section 44AD

September 19, 2020 7650 Views 1 comment Print

Shri Thomas Eapen Vs ITO (ITAT Cochin) The assessee offered income u/s. 44AD, the assessee being a small trader in medicine. There is no dispute that the assessee falls under the provision of sec. 44AD since the turnover of the assessee is less than Rs. 1 crore from eligible business. The Assessing Officer also accepted […]

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