ITAT Ahmedabad

ITAT Allows Bad Debts Adjustment Against Provisions

Integra Engineering India Ltd Vs ACIT (ITAT Ahmedabad)

Bad debts Adjustment against previously created provisions constitutes actual writing off of bad debts in books of accounts & Allowable...

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Denial of deduction u/s 80P sustained as return filed belatedly

Parabada Co-op Vs ITO (ITAT Ahmedabad)

ITAT Ahmedabad held that deduction under section 80P of the Income Tax Act disallowed as assessee filed return belatedly....

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Penalty u/s 271D not leviable as reasonable cause for violation of section 269SS duly demonstrated

Narendrakumar Chunilal Soni Vs Joint Commissioner of Income Tax Range (ITAT Ahmedabad)

ITAT Ahmedabad held that penalty under section 271D of the income Tax Act not leviable as reasonable cause for violation of provisions of section 269SS duly demonstrated....

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Assessment order passed on a non-existent company is null and void

Allscripts (India) LLP Vs National Faceless Assessment Centre (ITAT Ahmedabad)

ITAT Ahmedabad held that draft assessment order u/s 143(3) read with section 144C of the Income Tax Act passed on a non-existent company is null and void....

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Section 234E late fee is not always mandatory and can be waived

Kanta Govind Singh Vs ACIT CPC TDS (ITAT Ahmedabad)

Kanta Govind Singh Vs ACIT CPC TDS (ITAT Ahmedabad) Assessee, aged 85 years, purchased property from non-residents joint owners. TDS was deducted u/s 195 at lower rates as the sellers obtained lower tax certificates. Sale consideration was paid on 20.06.19 & TDS was also paid on the same day though assessee could have paid the [&helli...

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Income generated cannot be held bogus only based on modus operandi

DCIT Vs Shri Basant R. Agarwal (ITAT Ahmedabad)

ITAT Ahmedabad held that the income generated by the assessee cannot be held bogus only based on the modus operandi. To hold income earned by the assessee as bogus, specific evidence has to be brought on record by the Revenue. In absence of any specific finding, assessee cannot be held to be guilty....

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Disallowance u/s 36(1)(iii) unjustified as investments made out of interest free funds

DCIT Vs Sylvannus Builders and Developers Ltd (ITAT Ahmedabad)

ITAT Ahmedabad held that when interest free funds are available with the assessee, it can be said that investments are made out of interest free funds and hence disallowance under section 36(1)(iii) of the Income Tax Act not justifiable....

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Motor vehicle being a self-propelled vehicle eligible for depreciation @33.40%

ACIT Vs Apraava Energy Pvt. Ltd. (ITAT Ahmedabad)

ITAT Ahmedabad held that motor vehicles qualify as self-propelled vehicles and accordingly depreciation at the rate of 33.40% available on the same....

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Ex-parte order unjustified as revenue failed to carry out primary duty post non-service of notice

Stanton Capital (India) P Ltd. Vs ITO (ITAT Ahmedabad)

ITAT Ahmedabad held that post non-service of notice, revenue failed to carry out its primary responsibility to ascertain whether the company, against which notices were issued, and proceedings under section 148 was contemplated, was existing or not. Accordingly, matter remanded to carry out fresh adjudication....

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Reopening of assessment unsustainable as prerequisite for reopening beyond four years not fulfilled

DCIT Vs Gujarat State Road Development Corporation Ltd (ITAT Ahmedabad)

ITAT Ahmedabad held that reopening of assessment under section 147 of the Income Tax Act is unsustainable as prerequisite laid down in law for reopening of the case beyond four years is not found to be fulfilled....

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