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ITAT Ahmedabad

Payment of little higher rate of interest on unsecured loans justified as it involves lesser formalities

February 1, 2018 5457 Views 0 comment Print

There is no dispute with regard to the fact that creditors do fall within the category of specified persons contemplated in section 40A(2)(b) of the Act. Short question before us is, whether payment of interest at the rate of 18% to such persons on the loans availed from them is excessive or not, having regard to the fair market value of such loans.

Section 92B- Deemed international transaction- Termination of Option rights under agreement

January 23, 2018 49275 Views 0 comment Print

Vodafone India Services Pvt Ltd Vs. DCIT (ITAT Ahmedabad)  97. The question that we really need to address ourselves to is whether the above arrangement constitutes an ‘international transaction’. However, before we do so, it is only appropriate that we take a look at the relevant definitions under the Income Tax Act, 1961. Section 92 […]

No addition in the hand of Firm for capital introduced by the partner

January 18, 2018 7293 Views 0 comment Print

In the case of The Income-tax Officer vs M/s. Shree Kastbhanjan Dev Developers, the Ahmedabad bench of Income Tax Appellate Tribunal (ITAT) proclaimed in its recent order that firm cannot be assessed for unexplained cash credits in respect of capital introduction by its partner.

Conversion of Agricultural land: Section 50C not apply to business income

January 10, 2018 6282 Views 0 comment Print

The ITAT bench comprising Pramod Kumar (AM) and S. S. Godara (JM) recently confirmed that the sale consideration on agricultural land after its conversion to non-agricultural Land constitutes business income and therefore, section 50C of the Income Tax Act, 1961 cannot be applicable to such cases.

Compensation for resigning is eligible for tax benefit U/s. 10(10B) as Retrenchment Compensation

January 2, 2018 16956 Views 0 comment Print

Right now we are dealing with an employee who is giving up his source of livelihood under the threat of dislocation, and the hyper technical interpretations based on technicalities about the wordings in the settlement deed, signed by him under these compelling circumstances, is being taken as the understanding about assessee’ s actual conduct;

Reference to DVO is mandatory for invoking Section 50C (2 )

December 29, 2017 6231 Views 0 comment Print

Impugned addition u/s.50C(2) of the Act mandates reference to DVO in case an assessee contests the jantri price in question to be higher than fair market value of the relevant capital asset.

Addition for Unutilized Cenvat Credit in absence of income element is ubjustified

December 29, 2017 1356 Views 0 comment Print

Ahmedabad bench of Income Tax Appellate Tribunal (ITAT) comprising of Judicial Member S.S.Godara and Accountant Member Pramod Kumar has deleted the addition under the Income Tax Act in respect of unutilized CENVAT credit.

F&O Transactions on recognized Stock Exchange cannot be treated as Speculative Transaction

December 28, 2017 3306 Views 0 comment Print

Shri Dron Sureshkumar Rao Vs. ITO (ITAT Ahemdabad) F&O business carried out through recognized stock exchange cannot be treated as speculative loss in view of the exceptions carried out under s.43(5) of the Act. As per clause(d) of first proviso to section 43(5) of the Act inserted by the Finance Act, 2005 with effect from […]

Business income or capital gains cannot be decided by merely looking at frequency of transaction in shares

December 27, 2017 3036 Views 0 comment Print

ITAT Ahmedabad ruling on Ankur Scientific vs Dy. CIT case. Assessment of share gains as business income challenged. Disallowance of weighted deduction contested.

TDS Payment: 2 month interest cannot be charged for delay of less than a month

December 23, 2017 15105 Views 4 comments Print

Bank of Baroda Vs. DCIT (ITAT Ahemdabad)-Levy of interest u/s. 201(1A) for the second month can arise only if the period of time between the date on which tax was deducted and the date on which tax was paid to the Government exceeds one month.

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