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ITAT Visakhapatnam

Invoking provisions of section 56(2)(vii)(b) unsustainable as civil suit filed before District Judge

January 5, 2023 882 Views 0 comment Print

ITAT Visakhapatnam held that civil suit is filed before the Hon’ble District Judge accordingly the matter is squarely covered as exception as per proviso to section 56(2)(vii)(b) of the act and accordingly we hold that there is no case for invoking the provisions of section 56(2)(vii)(b).

Liquidated damages not fall under the purview of Tonnage Tax

November 5, 2022 366 Views 0 comment Print

ITAT Visakhapatnam held that liquidated damages are incidental business income but cannot be said to be profit from core or incidental activity. As there are not directly received from the core activity, they doesnt form part of computation in tonnage tax.

ITAT direct AO to estimate net profit at 3% on gross contract receipts of transport operator

October 6, 2022 2301 Views 0 comment Print

Raghavendra Lorry Services Vs DCIT (ITAT Visakhapatnam) We find from the order of the Ld. AO, the Ld.AO has followed the directions of the CIT and has estimated the income @ 15% on the gross receipts without allowing the depreciation. It was also found from the submissions of the Ld. AR that the  assessee a partnership […]

Section 11 exemption claimable on restoration of section 12A registration

October 4, 2022 1020 Views 0 comment Print

ITAT find that since registration is restored by ITAT, the assessee is entitled for claiming deduction U/s. 11 in impugned assessment year

Order Passed By AO not Erroneous if passed After Duly Examining Claim of Assessee

October 3, 2022 924 Views 0 comment Print

Where Assessing Officer, after following directions of Principal Commissioner regarding examining of claim made by assessee for exemption under section 54F, passed an assessment order under section 143(3) read with section 263 holding that assessee was eligible for exemption as it held only one residential property during year, subsequent revision order passed by Principal Commissioner setting aside impugned assessment order as erroneous and prejudicial to interest of revenue was to be quashed

Addition for excess Gold – ITAT extends benefit of CBDT Instruction to mother of married female assessee

August 26, 2022 882 Views 0 comment Print

Mother of assessee is staying with her and hence benefit of CBDT Instruction No. 1916 should also be extended to the mother of assessee

Section 153C satisfaction needs to be recorded even if AO of searched & other person is same

August 22, 2022 5451 Views 0 comment Print

Palla Simhachalam (HUF) Vs ACIT (ITAT Visakhapatnam) AO of the searched person and the other person is one and the same, then also AO is required to record the satisfaction, as held by the various In the instant case, no such material has been brought before us by the ld. DR. In view of the […]

Section 54: Land value includible in cost of new residential house

August 19, 2022 5973 Views 0 comment Print

Section 54 Cost of new residential house includes cost of land construction materials labour & other cost of construction of residential house

Reasonable time limit for issue of notice u/s 201(1)/201(1A) is 4 years

August 13, 2022 11457 Views 0 comment Print

ITAT held that Reasonable time limit for issue of notice u/s 201(1)/201(1A) is 4 years and Assessee cannot be taxed for non-deduction of TDS U/s. 195  if non-resident discharged obligation with respect to payment of capital gains tax

Categorizing donation as anonymous is unsustainable when donor’s identity is established

July 22, 2022 834 Views 0 comment Print

Held that identity of the donors as provided u/s 115BBC of the Act has been established by the assessee. Accordingly, the donations cannot be categorized as anonymous donations and cannot be subjected to tax.

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