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ITAT Ranchi

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

March 2, 2020 1092 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 3678 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 5295 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 21771 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 1635 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 1332 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.

Registration u/s. 12AA cannot be denied merely for running medical shop inside hospital

April 5, 2019 2187 Views 0 comment Print

St. Barnabas Hospital Vs C.I.T (Exemption) (ITAT Ranchi)  We note that the society trust was maintaining Pharmacy medical shop inside the hospital, which was for in-house consumption of medicines and treatment packages and for the urgent need of medicines to in-house patients. We note that the objects of the society were not doubted by the […]

Disallowance u/s. 40(a)(ia) are outside the jurisdiction of section 154

November 30, 2018 2058 Views 0 comment Print

Sri Sachin Sharma Vs ACIT (ITAT Ranchi) A perusal of provisions of section 194C of the Act shows that a person is liable to deduct TDS when a contract for work is of an amount more than Rs.30,000/- or where payment for work is made to a person more than Rs.75,000/- during the financial year. […]

Deemed dividend U/s. 2(22)(e): Advance in normal course of business

May 30, 2018 2922 Views 0 comment Print

 Since trade advances obtained by assessee from its sister concern were in the nature of commercial transactions, would not fall within the ambit of the word ‘advance’ in section 2(22)(e).

Addition for sundry creditors without rejecting purchase are not sustainable

May 4, 2018 13410 Views 0 comment Print

M/s. Gulf Steel & Minerals Vs ITO (ITAT Ranchi) The AO is wrong in making the impugned addition on account of sundry creditor, which are related to purchases and the same also accepted by the AO as genuine. Without rejecting the purchases, the sundry creditors cannot be treated as income of assessee  Therefore, addition made by […]

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