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ITAT Cochin

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

March 4, 2020 1926 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

Income from security deposit was taxable in the year of termination of dealership agreement

March 3, 2020 2589 Views 0 comment Print

Amount paid as security deposit was taxable only on the year of termination of an agreement between the assessee and the dealer/distributor. Hence AO was not justified in treating the deposit as income each year irrespective of whether the dealership was terminated or not.

Condonation of delay in filing appeal due to Financial crisis & Labour unrest justified

February 14, 2020 1929 Views 0 comment Print

United Tropican Veneers Private Limited Vs. ACIT (ITAT Cochin) These appeals were filed by the ex-Directors of the assessee-company with a delay of 329 days. Petitions for condonation of delay were filed by the ex-Directors along with affidavits of the ex-Managing Directors stating therein that the quantum assessments and penalty orders were passed subsequent to […]

Interest on Bank Deposit earned by Assessee Engaged in Money Lending is Business Income

November 19, 2019 888 Views 0 comment Print

whether the interest on bank deposit earned by assessee engaged in money lending covered under head of Business Income or Income from Other Sources?

Foreign Exchange Loss on loan for acquiring fixed assets allowable as Revenue Expense

November 8, 2019 5430 Views 0 comment Print

Foreign exchange loss arising out of foreign currency fluctuations in respect of loan in foreign currency used for acquiring fixed assets should be allowed as revenue expenditure by charging the same into the Profit and Loss account and not as capital expenditure by deducting the same from the cost of the respective fixed assets.

ITAT on higher Rate of depreciation on Set top boxes

September 15, 2019 3666 Views 0 comment Print

ACIT Vs Kerala Communicators Cable Ltd. (ITAT Cochin) The Assessing Officer granted depreciation at the rate of 15% being machinery and plant other than those covered by sub-items (2), (3) and (8). According to the assessee, it is covered under sub-item (8)(ix)(E)(k). Sub-item (ix) of item (8) is energy saving device and (E) is electric […]

ITAT Explains Meaning of Term ‘Lottery’ for Taxation & TDS deduction

August 24, 2019 3339 Views 0 comment Print

Before a scheme can be regarded as a lottery, there must be the element of distribution of prizes which should be by chance or lot and such distribution should be among those who had paid a price for participating in the scheme. Mere gratuitous distribution without any price having been paid by the participants for acquiring the chance and receiving a prize that is ultimately distributed, would not amount to a lottery.

Demise of CA in 2016 not a reasonable cause for no Audit of Books for A.Y. 2009-10

August 8, 2019 852 Views 0 comment Print

Sri. Abdul Azeez M Vs ACIT (ITAT Cochin) Admittedly in this case, no audit report has been filed for assessment year 2009-2010. It is the contention of the assessee that there was a reasonable cause as mandated u/s 273B of the I.T.Act. It was submitted by the learned AR that consequent to search and seizure […]

Penalty leivable u/s 271B on non-production of Audit Report in prescribed format

July 12, 2019 4401 Views 0 comment Print

Penalty under Section 271B was justified as assessee had not produced audit report in the prescribed format before AO and no explanation regarding the reasonable cause for not filing the audit report within the prescribed time limit was given. 

Capital Gain u/s 50B applicable on sale of undertaking which covers Depreciable Assets forming part of Industrial Undertaking

June 28, 2019 4347 Views 0 comment Print

whether sale of industrial unit as a whole as a continuing business with land, building, plant, machinery and all equipment as a going business with assets and liabilities taxable under section 50B as slump sale or not?

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