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ITAT Visakhapatnam

Assessment U/s. 153C not valid in Absence of incriminating material

January 10, 2018 1626 Views 0 comment Print

Shri Balaji Builders Kakinada Vs ACIT (ITAT Visakhapatnam) Merely because books of account could not be traced at the time of survey/search, it could not be presumed that the books of account were not maintained unless all the efforts were made by AO. Further As per the provisions of section 153C of the Act, it […]

Interest on fund temporarily parked in short term deposits is taxable as business income

January 10, 2018 1785 Views 0 comment Print

ACIT Vs M/s. Agri Gold (ITAT Visakhapatnam) During the assessment year, the assessee has received the interest of Rs.  7,43,76,762/- and offered it under the business income. The said practice of offering the interest income under the head business income was followed by the assessee for the last so many years, which was accepted by […]

Remuneration mutually agreed between partners is allowable if partnership deed permits the same subject to limit u/s 40(b)

December 22, 2017 4818 Views 0 comment Print

Visakhapatnam bench of Income Tax Appellate Tribunal (ITAT) recently held that remuneration paid to partner cannot be disallowed since there is a clause existing in the partnership deed which specified the exceeding limit.

If assessee fails to establish genuineness of expenses than AO can compute income on estimate basis

December 20, 2017 1674 Views 0 comment Print

Many petty payments were made in cash and it was also not ascertainable whether payments attract disallowance under section 40A(3). Clearly, assessee could not establish genuineness of the expenses, therefore, AO was justified in computing income on estimate basis.

Addition U/s. 69 justified if assessee cannot furnish any explanation regarding source of receipt of money

December 6, 2017 1053 Views 0 comment Print

Where assessee could not furnish any explanation regarding source of receipt of money, except saying that it was loan borrowed from parties, the addition made by the AO under section 69 was justified.

Approval u/s 80G(5) cannot be denied at initial stages for not undertaking any activity or Substantial Activity

December 6, 2017 2139 Views 0 comment Print

Mattapalli Chalamayya Charitable Trust Visakhapatnam Vs CIT (ITAT Visakhapatnam) If the activities of the trust are genuine, at the stage of commencement of institution, registration has to be granted automatically and claim u/s 80G of the Act can be followed with grant of registration. Ld. Commissioner (Exemptions) did not reject the request of the assessee […]

Donation received for specific purpose cannot be regarded as income u/s 2(24)(iia)

November 22, 2017 43629 Views 0 comment Print

Touching Heart Ministries Vs. ITO (ITAT Visakhapatnam) In the instant case, the donations were received for specific purpose for acquiring the fixed assets. This is evidenced by the letters placed before us from the donors. The funds are not freely available to the assessee society, for utilizing its objectives other than acquiring specified assets. The […]

S.43B(f): provision for future leave encashment allowable in year of payment

November 22, 2017 17775 Views 0 comment Print

M/s. Rashtriya Ispat Nigam Ltd. Vs. JCIT (OSD) (ITAT Visakhapatnam) The assessee company has created a provision under the head ’Future Leave Encashment’. During the course of assessment proceedings, the assessee company was asked to explain how the amount debited towards the provision for future leave encashment can be allowed as deduction. In response to […]

No penalty for Failure to deduct TDS due to Wrong Classification of Payments

November 22, 2017 2460 Views 0 comment Print

In the instant case, the tax has not deducted the TDS due to wrong classification of the payments made which was included under the heading ‘purchases’ and the purchases do not attract the TDS, whereas the sub contract payments attract TDS.

Goodwill is an asset eligible for depreciation U/s. 32 of I.T. Act, 1961

November 16, 2017 11868 Views 0 comment Print

Asst. Commissioner of Income Tax Vs. M/s Cresa Financial Services Pvt. Ltd. (ITAT Visakhapatnam) 1. This appeal is filed by the revenue against the order of the Commissioner of Income Tax (Appeals), Rajahmundry vide ITA No. 0239/13-14/ACIT/C-1/RJY/2014-15 dated 30.03.2015 for the assessment year 2010-11. 2. All the grounds of appeal are related to the depreciation […]

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