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ITAT Visakhapatnam

Payment made towards purchase of flat cannot be treated as deemed dividend

January 19, 2018 1260 Views 0 comment Print

DCIT Vs Smt. Sriram Satyavathi (ITAT Visakhapatnam) The fact that the company M/s. Vijetha Constructions has taken the advances for sale of flats was substantiated by the registered sale agreements. The same cheque No. and the dates were mentioned in the promissory note and the sale deeds which fortifies the assessee’s contention that the promissory […]

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

January 10, 2018 1641 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 1809 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 4875 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 1710 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 1098 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 2166 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 43731 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 17838 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 2511 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.

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