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ITAT Remands Case for Fresh Consideration After Appeal Dismissal

January 21, 2025 354 Views 0 comment Print

ITAT Ahmedabad refers the case of Dharmendra Sheth HUF back to AO after CIT(A) dismisses appeal due to delay, for a de novo assessment process.

ITAT Ahmedabad Remands Case on Unexplained Investments to AO

January 21, 2025 231 Views 0 comment Print

ITAT Ahmedabad remands case on unexplained investments of ₹18.19L in land & shares. Tribunal directs re-examination by AO after Assessee presents evidence.

Denial of FTC as income not offered to tax in the considered year not justifiable

January 20, 2025 291 Views 0 comment Print

ITAT Ahmedabad held that denial of Foreign Tax Credit [FTC] on the ground that corresponding income has not been offered for tax in the year under appeal is not justifiable. Accordingly, FTC allowed.

CIT(A) Should Adjudicate Grounds Raised in Ex-Parte Order: ITAT Kolkata

January 20, 2025 549 Views 0 comment Print

ITAT Kolkata addresses procedural lapses in Suryadeo Prasad Vs. ITO, highlighting the need for a speaking order and adherence to Section 250(6) of the Income Tax Act.

Increased income on account of voluntary TPA would be eligible for claiming deduction u/s 10AA – ITAT

January 20, 2025 186 Views 0 comment Print

On appeal CIT (A) held that disallowance u/s 10AA can be made only when the total income is enhanced by the AO or TPO. Co-ordinate bench has already decided this issue for AY 2014-15 and disallowance u/s 10AA was deleted.

No denial of registration u/s 12AB based on potential commercial activity in the future

January 20, 2025 180 Views 0 comment Print

CIT(E) was not justified in denying assessee’s applications for final registration u/s 12AB / final approval u/s 80G as assessee had done only charitable activities till now and not undertaken any activity contemplated by object No. 2 & 3.

No addition for LTCG as property transfer u/s 2(47) required verification of buyer possession and receipt of consideration

January 20, 2025 7791 Views 0 comment Print

An amendment to the agreement on September 24, 2014, revised the terms of consideration. Assessee argued that possession of the property was never transferred as evidenced by ownership documents like the 7/12 extract and electricity bills.

Addition on grounds not forming part of reasons recorded for reopening of assessment not tenable

January 20, 2025 102 Views 0 comment Print

ITAT Ahmedabad held that addition on grounds other than grounds forming part of reasons recorded for reopening of assessment not justified. Accordingly, addition towards unexplained investment which didn’t form part of reasons liable to be deleted.

Addition set aside as construction expense inadvertently mentioned as commission expense

January 20, 2025 180 Views 0 comment Print

ITAT Pune held that addition toward unexplained expenditure is liable to be deleted since assessee inadvertently mentioned ‘commission expense’ instead of actual ‘construction expenses. Accordingly, appeal allowed.

Loan taken and repaid through banking channels cannot be added u/s. 68: ITAT Ahmedabad

January 20, 2025 756 Views 0 comment Print

ITAT Ahmedabad held that addition towards unexplained cash credit under section 68 of the Income Tax Act not justified since loan transactions were done through banking channels and loans were repaid in short period. Accordingly, addition deleted.

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