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ITAT Cochin

Detailed examination of Loan Disbursed must before denying section 80P deduction

September 17, 2020 633 Views 0 comment Print

Kechery Service Co-operative Bank Limited Vs ITO (ITAT Cochin) In the instant case, the Assessing Officer had denied the claim of deduction u/s 80P of the I.T.Act for the reason that assessee was essentially doing the business of banking and disbursement of agricultural loans by the assessee was only minuscule. Therefore, the Assessing Officer concluded […]

Assessee can claim section 10A exemption on section 10B exemption denial

July 24, 2020 1743 Views 0 comment Print

Krythium Solutions Private Limited Vs ACIT (ITAT Cochin) The issue under consideration is whether claiming deduction u/s 10A of the Income Tax Act through filing revised return is justified in law? ITAT states that the CBDT Circular No.14 (XL-35) dated 11.04.1955 has clarified that the revenue shall not take advantage of ignorance of the assessee […]

Inquiry into Factual Situation required to determine Section 80P Deduction Eligibility

June 26, 2020 891 Views 0 comment Print

The issue under consideration is whether the AO need to conduct an Inquiry into Factual Situation as to activities of assessee society to determine eligibility of deduction u/s 80P?

Addition not justified when third party retracted the statement and Assessee not given Opportunity to Cross Examine

June 11, 2020 1047 Views 0 comment Print

The issue under consideration is whether the addition under section 68 is done by AO is justified in law whenm addition was based on third party statements which were retracted by them and Assessee was not given opportunity to cross examine them and when Addition are based merely on Surmises?

No depreciation on undivided share of Land

June 2, 2020 1713 Views 0 comment Print

Depreciation under section 32 could not be claimed on an undivided share of land as assessee had shown the land separately in the block of assets which was not entitled for depreciation. 

Interest on investments with treasuries & Banks- Eligibility of Section 80P deduction- HC remands matter to AO

April 20, 2020 972 Views 0 comment Print

Interest income earned from investments with treasuries and banks is part of banking activity of the assessee, and therefore, the said interest income was eligible to be assessed as ‘income from business’ instead of ‘income from other sources’

Transfer of intangible assets with right to carry on business is taxable as LTCG

March 24, 2020 6744 Views 0 comment Print

ACIT Vs Feroke Boards Ltd. (ITAT Cochin) The first issue to be decided is whether the assets transferred by the assessee to M/s.Masonite Holdings Private Limited is a “financial asset” coming within the Explanation 1(i)(e) to section 2(42A) of the I.T.Act. The term “financial asset” has been described in Explanation 1(i)(d) to section 2(42A) of […]

Set off of Loss against Income from Other Sources is prohibited wef 01.04.2017

March 9, 2020 1398 Views 0 comment Print

The assessee contended that the Assessing Officer has rightly allowed set off of income from other sources against other heads of income because up to assessment year 2016-2017 there was no prohibition on set off of losses. It was contended that the amendment to section 115BBE of the I.T.Act restricting the set off of any loss was inserted by the Finance Act, 2016 with effect from 01.04.2017 only, hence, not applicable to the concerned assessment year 2015-2016.

Micro Finance Activity cannot be treated as charitable for Section 11 Exemption

March 5, 2020 2679 Views 0 comment Print

The claim of exemption u/s 11 of the I.T.Act was denied by the Tribunal in assessee’s own case for assessment year 2007-2008 and 2009-2010 (supra). The Tribunal in the above case had held that the assessee’s activities of micro finance was not charitable in nature and was not entitled to the claim of benefit u/s 11 of the I.T.Act.

Section 80P Deduction eligible to Co-Op Bank Primarily engaged in Banking Business

March 4, 2020 1908 Views 0 comment Print

The issue under consideration is whether co-operative bank is eligible for deduction under section 80P of income tax Act, 1961 ? Co-Operative Bank is Also Eligible for Deduction u/s 80P if they Primarily Engaged in Business of Banking

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