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ITAT Ahmedabad

Signing of Form No. 35A by authorized representative is an irregularity curable u/s. 292B

October 28, 2024 1224 Views 0 comment Print

ITAT Ahmedabad held that Form No. 35A signed by the Authorized Representative is only an irregularity which is curable u/s. 292B of the Income Tax Act and not an illegality. Thus, order set aside with a direction to pass order on merits.

Addition untenable as decentralized grants routed through assessee is not actually accrued or arisen

October 28, 2024 648 Views 0 comment Print

ITAT Ahmedabad held that taxation must be based on income that has actually accrued or arisen. Thus, addition towards decentralized grants merely routed assessee and simply transferred to other government agencies as per GOG’s directions is unsustainable.

Addition towards bogus purchases based on suspicion, surmises and unverified information unjustified

October 28, 2024 1479 Views 0 comment Print

ITAT Ahmedabad held that addition towards bogus purchases made without proper verification of facts but just on the basis of suspicion, surmises and unverified information unjustified and liable to be deleted.

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

October 28, 2024 2262 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 2265 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 483 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 1008 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 813 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 864 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 618 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.

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