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ITAT Ahmedabad

Failure to furnish corroborative documentary evidence proving cash sales before CIT(A): matter remanded

August 27, 2024 408 Views 0 comment Print

ITAT Ahmedabad held that matter needs to be remanded back as assessee failed to furnish corroborative documentary evidence to prove cash sales during demonetization period and certain proofs were submitted only before the present tribunal.

Section 263 Invocation Unjustified if No Evidence of Erroneous Order

August 26, 2024 648 Views 0 comment Print

ITAT Ahmedabad held that invocation of section 263 by PCIT unjustified due lack of sufficient evidence to support claim that the order is erroneous and prejudicial to the interest of revenue.

Deduction u/s. 54 admissible even when return is filed belatedly: ITAT Ahmedabad

August 26, 2024 2595 Views 0 comment Print

ITAT Ahmedabad held that deduction under section 54 of the Income Tax Act towards Long Term Capital Gains admissible even when return is filed belated return of income under section 139(4) of the Income Tax Act.

No Section 36(1)(iii) Disallowance of Interest Based on Incorrect AO Assumption of Interest-Bearing Funds use for CWIP

August 26, 2024 825 Views 0 comment Print

AO was not justified in addition of interest expenses debited in the P&L account, a sum of Rs.2,12,94,836/- was capitalized towards CWIP under Section 36(1)(iii) of and added to the total income of the assessee.

Initiation of Section 153C Proceedings Beyond Six Years Impermissible: ITAT Ahmedabad

August 26, 2024 909 Views 0 comment Print

ITAT Ahmedabad held that AO had no jurisdiction to initiate proceedings u/s. 153C of the Income Tax Act beyond permissible period of six years from date of receipt of books/ documents by AO.

Deduction u/s. 80IA(4)(i) allowed to sole developer for developing, operating & maintaining infrastructure facilities

August 23, 2024 552 Views 0 comment Print

ITAT Ahmedabad held that the assessee has established that they were the sole developer in the contracts which are related to the developing, operating and maintaining the infrastructure facilities as envisaged u/s. 80IA(4)(i) of the Income Tax Act.

ITAT allows Section 54EC exemption for investments before sale deed registration

August 22, 2024 1260 Views 0 comment Print

ITAT Ahmedabad rules in favor of Rahul G. Patel, granting exemption under Section 54EC for investments made in NHAI bonds before the sale deed registration.

Addition towards unexplained cash credit u/s. 68 unwarranted as already declared and taxed as sales: ITAT Ahmedabad

August 22, 2024 1638 Views 0 comment Print

ITAT Ahmedabad held that addition towards unexplained cash credit under section 68 of the Income Tax Act unwarranted as the amount represents sales already declared and taxed. Thus, income already offered for taxation cannot be taxed again as unexplained cash credit.

Cash Accounting: TDS Credit Allowed in year the Income is Received & offered for taxation

August 22, 2024 1536 Views 0 comment Print

The ITAT Ahmedabad ruled on the disallowance of TDS credit to Theo Desh Consultants due to non-inclusion of corresponding income in the relevant assessment year.

Failure to Appear due to COVID & Fire: ITAT Remands Case to CIT(A)

August 19, 2024 354 Views 0 comment Print

ITAT Ahmedabad remands Metro Heritage Pvt Ltd’s case back to CIT(A) due to COVID disruptions and a hotel fire, allowing a fresh opportunity for evidence presentation.

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