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ITAT Ahmedabad

No disallowance u/s. 43B for unpaid GST as deduction not routed through P&L: ITAT Ahmedabad

October 28, 2024 2142 Views 0 comment Print

Allahabad High Court in the case of CIT vs. U P Hotels Pvt. Ltd. has held that in case assessee has not claimed any deduction in respect of its liability for payment of luxury tax, no question of addition under section 43B will arise.

Cash withdrawals satisfactorily explained through documents cannot be added u/s. 69A

October 28, 2024 2181 Views 0 comment Print

The assessee is an NRI. During the demonetization period, the assessee made cash deposits of Rs.6,00,000/- each in his bank account. The case was selected for scrutiny, and the AO questioned the source of these cash deposits.

Revisionary jurisdiction not sustained as AO took plausible and legally valid view: ITAT Ahmedabad

October 28, 2024 444 Views 0 comment Print

ITAT Ahmedabad held that revisionary jurisdiction under section 263 of the Income Tax Act cannot be invoked as AO exercised a plausible and legally valid view and revisionary jurisdiction cannot be invoked merely because PCIT holds a different view.

ITAT allows Appeal Withdrawal as Fresh Section 12AB Registration Application Filed  

October 27, 2024 954 Views 0 comment Print

ITAT Ahmedabad dismisses Yug Nirman Gayatri Parivar Trust’s appeal for 12A registration after withdrawal due to fresh application for registration under Section 12AB.

Demonetised Cash Deposit Addition on mere presumption not sustainable

October 27, 2024 783 Views 0 comment Print

Arbuda Builders challenges addition for cash deposits during demonetization, arguing against assumptions of unexplained income. Details on the ITAT Ahmedabad ruling.

No section 271AAA penalty as additions were purely on estimate basis

October 25, 2024 819 Views 0 comment Print

Assessee filed an appeal concerning the penalty of ₹20,29,394 levied under Section 271AAA for AY 2008-09. It had initially declared a total income of ₹23,62,74,550 in its Return of Income (ROI).

Completion of revisionary proceeding within short span of 12 days unjustified: Matter restored back

October 25, 2024 588 Views 0 comment Print

ITAT Ahmedabad held that the entire proceedings under Section 263 of the Act were initiated and completed by the PCIT within a period of only 12 days without pointing out reason for lack of enquiry unjustified. Accordingly, matter restored back.

View taken by AO cannot be set aside or deferred as per provisions of section 263: ITAT Ahmedabad

October 24, 2024 504 Views 0 comment Print

ITAT Ahmedabad held that invocation of revisionary proceedings under section 263 of the Income Tax Act merely taking second opinion unjustified. Further, view taken by AO cannot be set aside or deferred as per provisions of section 263.

No Due Date for Employee’s NPS Contribution under PFRDA Act: ITAT Ahmedabad

October 23, 2024 6750 Views 0 comment Print

ITAT Ahmedabad held that PFRDA Act, 2013 doesn’t prescribed any due date for payment of employee’s contribution to National Pension Scheme (NPS). Thus, since payment is made before filing return u/s. 139(1), the same is allowable u/s. 43B(b) of the Income Tax Act.

Deduction u/s 80P was allowable on interest and dividend income earned from Cooperative Banks

October 23, 2024 1485 Views 0 comment Print

Since cooperative banks were considered cooperative societies for the purpose of Section 80P(2)(d), thereby making assessee’s interest and dividend income eligible for deduction.

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