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ITAT Ahmedabad

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

October 24, 2024 567 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 7212 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 1530 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.

No addition for Bogus purchases if CESTAT ruled that purchases were not bogus

October 21, 2024 939 Views 0 comment Print

Once CESTAT had given a findings that the purchases in question were not bogus, then, additions proposed to be made on the basis of show-cause notice  from Central Excise Directorate had no basis which the same could be sustained.

Deduction u/s. 80IA granted unit-wise without considering profit or loss of other eligible units: ITAT Ahmedabad

October 21, 2024 807 Views 0 comment Print

Mumbai Tribunal in the case of Punit Construction Company has held that in terms of provisions of sub Section 5 of Section 80 IA, deduction has to be given unit wise without considering profit or loss of other eligible units.

Interest on refund not hit by proviso to section 244A(1)(aa) of the Income Tax Act: ITAT Ahmedabad

October 21, 2024 2103 Views 0 comment Print

ITAT Ahmedabad held that self-assessment tax paid by the assessee losses its character as self-assessment tax once it got adjusted against the tax liability determined in regular assessment.

Deduction u/s. 80-IB disallowed for interest on staff advances and bank deposits: ITAT Ahmedabad

October 18, 2024 558 Views 0 comment Print

ITAT Ahmedabad held that deduction under Section 80-IB/80-IE of the Income Tax Act disallowed on loan to employees and bank deposits as such interest income is not income derived from industrial undertaking.

Interest on debit/ credit balances of supplier and contractors is taxable as business income: ITAT Ahmedabad

October 17, 2024 624 Views 0 comment Print

ITAT Ahmedabad held that interest on loans and advance to small advances on debit/ credit balances of suppliers and contractors are incidental to business hence taxable as business income and not as income from other sources.

Addition u/s. 69A without proper examination of books of accounts unjustified: ITAT Ahmedabad

October 16, 2024 1737 Views 0 comment Print

ITAT Ahmedabad held that the addition under Section 69A of the Income Tax Act made without proper examination of the books of account and relevant financial records unjustified. Accordingly, order set aside and matter restored back.

Severance compensation is capital receipt & not chargeable to tax u/s. 17(3): ITAT Ahmedabad

October 15, 2024 1881 Views 0 comment Print

ITAT Ahmedabad held that the severance compensation received by the employee is a capital receipt and the same is not chargeable to tax under Section 17(3) of the Income-tax Act, 1961.

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