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The present appeal is filed by the assessee against the denial of registration under section 12AB of the Income Tax Act vide the order passed by the Commissioner of Income Tax (Exemption), Ahmedabad.
The assessee herein is a part of Allana Group, which is engaged in the business of export of food products and agro commodities including frozen meat processed/frozen food, edible products, agro products etc.
ITAT passed ex-parte order in absence of assessee and held that any assessment, whether it be first round or otherwise framed under section 153A without getting approval under section 153D of Act, is not sustainable in law.
In a recent ruling ITAT Mumbai dismissed appeal filed by the revenue and confirmed order of the CIT (A) in treating the income/compensation received from the transaction in agricultural land as business income instead of income from other sources as treated by the AO.
Assessee filed its return of income for the 2018-19 AY declaring a total of ₹12,33,640 and assessee’s case was selected for limited scrutiny on the issues of “imports and exports”, and various notices were issued and served upon assessee.
The return of the assessee was taken for scrutiny assessment. The assessee claimed Long Term Capital Gain on sale of land of Rs. 1,41,43,038/- and claimed exemption u/s. 54F of the Act reinvestment in a residential house.
Reassessment order was set aside and remitted back to Respondent due to insufficient details in the assessment order on employee’s cash transactions.
ITAT Mumbai held that the Employee Stock Option Plans [ESOP] expenses should not be regarded contingent or notional and it should be allowed as deduction u/s 37(1) of the Income Tax Act.
The assessee has received Rs. 2,54,24,007/- as interest on enhanced compensation from HUDA after the compulsory acquisition of the agriculture land of the assessee, on which TDS @10% was also deducted.
Delhi High Court held that recourse to Rule 8D of Income Tax Rules for computing disallowance u/s. 14A not allowable since assessee’s computation of expense attributable to earning exempt income not found inadequate.
