Category: ITAT

FMV-No approach road and weaker sections society in colony. DVO directed to give 30% adjustments in calculating fair market value for disadvantnages-ITAT

FMV-No approach road and weaker sections society in colony. DVO directed to give 30% adjustments in calculating fair market value for disadvantnages-ITAT

May 15, 2016 Income Tax, ITAT, Judgments
FMV-No approach road and weaker sections society in colony. DVO directed to give 30% adjustments in calculating fair market value for disadvantages-ITAT Hyderabad Case Law Details: ITA.No.1782/Hyd/2011 Assessment Year 2008-2009 Smt. M. Nagarathnamma Madanapalle vs.  Income Tax Officer date of Judgment/Order: 13/05/2016 Brief Facts of the Case: During …
Deemed consideration us 50C eligible for 54F exemption for capital gain purpose. Net consideration include Fair market value under deeming fiction

Deemed consideration us 50C eligible for 54F exemption for capital gain purpose. Net consideration include Fair market value under deeming fiction

May 15, 2016 Income Tax, ITAT, Judgments
Deemed consideration us 50C eligible for 54F exemption for capital gain purpose. Net consideration include Fair market value under deeming fiction. This was held by ITAT hyderabad in a recent judgment as under: Case Law Details: ITA.No.848/Hyd/2015 Assessment Year 2010-2011 Income Tax Officer (Appellant) vs. Kondal Reddy Mandal Reddy …
DVO Reference us 50C2 must when assessee requested. It was wrong to say that since stamp value was not challenged there was no such need-ITAT

DVO Reference us 50C2 must when assessee requested. It was wrong to say that since stamp value was not challenged there was no such need-ITAT

May 15, 2016 Income Tax, ITAT, Judgments
DVO Reference us 50C2 must when assessee requested. It was wrong to say that since stamp value was not challenged there was no such need. This was held in a recent judgment by ITAT Hyderabad. Case Law Details: ITA.No.708/Hyd/2014 Assessment Year 2008-2009  T. Vijayasaradhi  vs. Addl. CIT Date of …
Bedridden person can have agriculture income, advance loan. Summarily Rejecting creditworthiness despite pattadar passbook without verification wrong-ITAT

Bedridden person can have agriculture income, advance loan. Summarily Rejecting creditworthiness despite pattadar passbook without verification wrong-ITAT

May 15, 2016 Income Tax, ITAT, Judgments
Bedridden person can have agriculture income, advance loan. Summarily Rejecting creditworthiness despite pattadar passbook without verification wrong-ITAT. This was held by ITAT Hyderabad in a recent judgment as under: Case Law Details: ITA No. 1535/Hyd/2014 (Assessment year: 2009-10) Chenna Reddy Sesha Reddy  (Appellant) vs. Income Tax Officer (Respondent) Date …
DVO Valuation report taking 2 Percent per month escalation for determining the value of property relying on none month old sales instance was not based on any Income Tax Rules-ITAT

DVO Valuation report taking 2 Percent per month escalation for determining the value of property relying on none month old sales instance was not based on any Income Tax Rules-ITAT

May 15, 2016 Income Tax, ITAT, Judgments
DVO Valuation report taking 2 Percent per month escalation for determining the value of property relying on nine month old sales instance was not based on any Income Tax Rules. This was held by the ITAT Hyderabad in a recent judgment. It also pointed out that if the DVO has not …
Reopening us 147 for accommodation entries quashed. AO did not describe how and what manner assessee received entries from operators and paid cash

Reopening us 147 for accommodation entries quashed. AO did not describe how and what manner assessee received entries from operators and paid cash

May 14, 2016 Income Tax, ITAT, Judgments
Reopening us 147 for accommodation entries quashed. AO did not describe how and what manner assessee received entries from operators and paid cash. Case Law Details: Dhanuka Agritech Ltd vs. ACIT ITA No. 1003/Del./2014 : AY : 2003-04 Date f Order/Judgment: 11/05/2016 Brief Facts of the Case: After the …
Basic Maxims-Principles of Natural Justice. Audi alteram partem, nemo judex in re sua. Order passed without confronting assessee with remand report quashed

Basic Maxims-Principles of Natural Justice. Audi alteram partem, nemo judex in re sua. Order passed without confronting assessee with remand report quashed

May 14, 2016 Income Tax, ITAT, Judgments
Basic Maxims-Principles of Natural Justice. Audi alteram partem, nemo judex in re sua Quoting the above maxim of natural justice as laid down by the Supreme Court, ITAT, New Delhi in a recent judgment set aside order passed by CIT(A) without confronting the assessee with the remand report …
No difference between gift and settlement for capital gain. Holding period of previous owner (settlor) transferring capital asset u/s 2(42A) to be counted

No difference between gift and settlement for capital gain. Holding period of previous owner (settlor) transferring capital asset u/s 2(42A) to be counted

May 12, 2016 Income Tax, ITAT, Judgments
No difference between gift and settlement for capital gains purposes. In a recent judgment, ITAT, Chennai has held that  there is no difference between a gift and settlement and for the purpose of computing capital gains, the holding period of the capital asset (Trade Mark) transferred,  the holding period …
15% deduction for CPWD and State PWD rate variation allowable when AO estimated construction cost based on valuation cell report using CPWD Rates

15% deduction for CPWD and State PWD rate variation allowable when AO estimated construction cost based on valuation cell report using CPWD Rates

May 10, 2016 Income Tax, ITAT, Judgments
15% deduction for CPWD and State PWD rate variation allowable when AO estimated the cost of building construction based on the report of the valuation cell. This was stated by ITAT Visakhapatnam in a recent judgment as under: Case Law Details: I.T.A.No.430/Vizag/2014  Assessment Year: 2007-08 B. Madhusudhana Reddy  vs. ACIT Date …
The Word record us 154 include all records available with AO. Rectification of Mistake not confined to mere clerical or arithmetical mistake-ITAT

The Word record us 154 include all records available with AO. Rectification of Mistake not confined to mere clerical or arithmetical mistake-ITAT

May 10, 2016 Income Tax, ITAT, Judgments
The Word record us 154 include all records available with AO. Rectification of Mistake not confined to mere clerical or arithmetical mistake. Meaning of the word “record” was clarified by ITAT Visakhapatnam in a recent judgment as under: Case Law Details: ITA No.727/Vizag/2013  Assessment Year: 2008-09 M/s. Y.V.R. & …