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ITAT Ranchi

Section 54F exemption on house purchased in the name of assessee’s wife & son allowed

April 1, 2023 10290 Views 0 comment Print

Mukkamala Srihari Rao Vs ACIT (ITAT Ranchi) Whether the sale consideration received by a person from sale of capital asset if applied in the name of his wife or son for purchasing/constructing residential house whether the assessee can claim deduction u/s. 54F or 54 of the Act?. From going through the decision(s) relied on by […]

Income cannot be assessed at 10% when assessee was allowed to charge only 5% as per mandate of Government

March 12, 2023 1398 Views 0 comment Print

DCIT Vs Jharkhand State Beverages Corporation Ltd (ITAT Ranchi) The undisputed facts are that the assessee is engaged in the business of procurement and supply of IMFL, FMFL as well as country made liquor and other similar products and as per Government mandate the assessee is authorized to charge 5% on MRP on the wholesales […]

No section 56(2)(vii)(b) addition for increase in stamp duty value post execution of purchase agreement

October 21, 2022 2631 Views 0 comment Print

Ashutosh Jha (HUF) Vs ITO (ITAT Ranchi) Where assessee purchased a property and made part payment of sale consideration by cheque on very next day of execution of purchase agreement and registry was done after a year, since such part payment made by cheque on very next day of execution of agreement was towards fulfilment […]

Section 54F exemption on gain from House Constructed on own land

October 30, 2020 3294 Views 0 comment Print

Whether A.O. is right in dismissing the claim of the assessee u/s. 54F of the Act on the ground that residential flat was not constructed after the date of transfer and they were constructed alongwith saleable flats?

Section 54F Exemption allowed Even if Residential Flats Constructed alongwith Saleable flats

March 2, 2020 951 Views 0 comment Print

whether AO is correct in disallowing the exemption u/s 54F on the ground that residential flat was not constructed after the date of transfer and they were constructed alongwith saleable flats?

No additions in absence of incriminating material during section 153A search

January 20, 2020 3564 Views 0 comment Print

Various additions/disallowances made by AO were clearly beyond the scope of authority vested under s.153A owing to absence of any incriminating material or evidence deduced as a result of search in so far as completed assessments were concerned and the same was not permissible in law.

Retention Money Expenses allowed as per Mercantile Accounting System

January 20, 2020 4737 Views 0 comment Print

The issue under consideration is whether the expenses incurred against the retention money or unrealised income is allowed under mercantile system of accounting?

Section 56(2)(vii)(b) not applicable to Property Purchased before 01.04.2014

January 20, 2020 21306 Views 0 comment Print

Bajrang Lal Naredi Vs ITO (ITAT Ranchi) In the instant appeal, the applicability of Section 56(2)(vii)(b) of the Act as amended by Finance Act, 2013 and applicable to AY 2014-15 in question. On a perusal of pre-amended provisions of Section 56(2)(vii)(b) of the Act, we gather that where an individual or HUF receives from any […]

AO cannot reject Section 54 exemption if amount was deposited in capital gain deposit account

October 30, 2019 1470 Views 0 comment Print

whether AO is correct in holding that the assessee was not entitled exemption u/s.54 of the Act by rejecting the claim of the assessee to have deposited in capital gain deposit account?

Section 263 CIT cannot direct AO to decide issue afresh to make rowing enquiry

May 24, 2019 1203 Views 0 comment Print

Pr. CIT has proceeded to revise the scrutiny assessment order and directing the AO to decide the issue afresh i.e. for making rowing enquiry which is not permissible u/s.263 of the Act.

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