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ITAT Ahmedabad

Employment Termination Compensation Not Taxable, Section 154 rectification allowed

January 25, 2024 2841 Views 0 comment Print

Shamik Parikh vs ITO: ITAT rules termination compensation non-taxable. Grounds of appeal, analysis of order, and legal perspective explained in detailed article.

Addition u/s. 68 based on report unearthed in case of third party unsustainable

January 22, 2024 2055 Views 1 comment Print

ITAT Ahmedabad held that addition u/s. 68 of the Income Tax Act towards long term capital gain treating sale of scrip as bogus on the basis of report unearthed in case of third party without any cogent material brought against assessee is unsustainable in the eye of law.

Vessel Damage Payments, Capital in Nature and Not fall under Section 5(2): ITAT

January 19, 2024 360 Views 0 comment Print

ITAT Ahmedabad upheld decision of CIT(A), ruling in favor of Nirma Limited. The nature of payments for vessel damage was deemed as reimbursement and capital in nature, not falling under Section 5(2) of the Act. The appeal by Revenue was dismissed, affirming the cancellation of TDS deduction on the payment of USD 4,50,000.

Computation of capital gains tax on sale of agricultural land converted into non-agricultural land

January 18, 2024 3648 Views 0 comment Print

Case of Ilaben Bharatbhai Amin vs ITO, recently decided by ITAT Ahmedabad, delves into intricacies of calculating capital gains tax arising from sale of agricultural land that undergoes conversion into non-agricultural land before sale.

Non-resident cannot be taxed in India unless income is proven to accrue or arise within India

January 18, 2024 5046 Views 0 comment Print

Explore ITAT Ahmedabad’s order in DCIT vs. Vimal Kanubhai Patel case. Onus on Income Tax Dept to provide evidence for taxing foreign bank credits of NRI. Full text available.

Appellate authority cannot enhance assessment without issuing a notice

January 6, 2024 534 Views 0 comment Print

ITAT Ahmedabad held that an appellate authority can exercise the power u/s. 251(1)(a) to enhance the assessment only after giving a notice for enhancement. Accordingly, enhancement by CIT(A) without issuance of notice is untenable in law.

AO Must Verify Documents Before Disallowing Business Loss: ITAT Ahmedabad

January 5, 2024 798 Views 0 comment Print

In a case of Suprinit Tradinvest Pvt. Ltd. Vs ITO, ITAT Ahmedabad directs AO not to disallow business loss in share transactions without thorough document verification.

No Section14A read with Rule 8D Disallowance in Absence of Exempt Income

December 31, 2023 1314 Views 0 comment Print

ITAT Ahmedabad rules in favor of Dcom Systems Limited against DCIT, affirming CIT(A)’s decision on interest disallowance and Section 14A deletion for AY 2014-15, emphasizing the importance of business expediency and absence of exempt income for disallowances.

Delay in filing Form 10AB: ITAT Ahmedabad Directs Reconsideration of 80G Registration

December 14, 2023 4866 Views 0 comment Print

Explore the detailed analysis of ITAT Ahmedabad’s order directing the reassessment of Form 10AB for 80G registration. Insights into the case of Best Buds Pet Care Vs CIT.

ITAT Directs Readjudication of CA’s Classification of Medical Store as “Business” on Form 10AB

December 10, 2023 639 Views 0 comment Print

Explore the ITAT Ahmedabad ruling in Hasaniya Healthcare Sarvajanik Trust vs. CIT case. Learn how the CA’s interpretation error led to rejection and the subsequent order for reexamination.

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