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ITAT Ahmedabad

Travel expenses for seminar conducted abroad for medical practitioners with financial aid of Pharmaceuticals Company allowable

October 26, 2018 2160 Views 0 comment Print

Travelling expenses incurred on seminar conducted in abroad by assessee-company with the financial aid of the pharmaceuticals company was justified as the same did not give any scope to treat the same for the purpose other than the business of assessee-company so far it related to the medical practitioners.

Validity of exclusive method of accounting for valuing closing stock

October 17, 2018 7170 Views 0 comment Print

Assessee was justified in following exclusive method of accounting for valuation of closing stock as entire exercise was tax neutral and there was no impact on the profitability of assessee due to method of accounting followed. 

NSEL scam bad debts: ITAT to ensure that effective inquiry is carried out by AO

October 16, 2018 3348 Views 0 comment Print

Omni Lens Pvt. Ltd Vs DCIT (ITAT Ahmedabad) Where the AO failed to discharge its obligation to conduct a proper inquiry to take the matter to logical conclusion, it is also the obligation of the first appellate authority and indeed that of ITAT to have ensured that effective inquiry is carried out on the subject […]

Deduction u/s 10B allowable based on approval from STPI despite non-ratification by Board

October 3, 2018 2430 Views 0 comment Print

Deduction under section 10B could not be denied on the ground that the approval of STPI units of the assessee was not ratified by the Board of approvals as mandated u/s 10B.

S. 234E Late Fee cannot be imposed without passing of Speaking Order

September 17, 2018 2865 Views 0 comment Print

Origins Build-Tech Pvt Ltd Vs ACIT (ITAT Ahemdabad) adjustment in respect of levy of fees under section 234E was indeed beyond the scope of permissible adjustments contemplated under section 200A. This intimation is an appealable order under section 246A(a), and, therefore, the CIT(A) ought to have examined legality of the adjustment made under this intimation in […]

Damages received for relinquishment of right to sue is a non-taxable capital receipt

September 17, 2018 4125 Views 0 comment Print

Bhojison Infrastructure Pvt. Ltd Vs. ITO (ITAT Ahmedabad) We notice that the compensation was not received as a result of termination of advantages associated with development rights but was claimed to be received to relinquish the rights of the assessee to sue against the vendor of the land. The assessee has received the compensation amount […]

ITAT on Levy of late fee u/s 234E merely by processing TDS statement

September 17, 2018 3321 Views 0 comment Print

Origins Build-Tech Pvt Ltd Vs ACIT (ITAT Ahmedabad) Issue- The learned CIT(A)-8 is unjustified & erred in law by confirming the imposing of late filing levy by ACIT [CPC-TDS) of Rs.30800/- u/s 234E determined to be payable by processing TDS statement u/s 200A, without issuing show cause notice. The late fee u/s 234E is penal in nature […]

Bona fide mistake should be demonstrated with Circumstantial Evidence

August 31, 2018 4047 Views 1 comment Print

Swift Knit Pvt.Ltd. Vs ITO (ITAT Ahmedabad) Only arguments raised by the ld.counsel for the assessee is that, it was an inadvertent and bona fide mistake while filing the return. Question before us is, how such mistake was committed and how it could be termed as an inadvertent or bona fide mistake. In the case […]

Deduction U/s. 54 cannot be denied proportionately merely for Joint Ownership

August 13, 2018 9048 Views 0 comment Print

Shri Chitrang M. Dave Vs DCIT (ITAT Ahmedabad) The Ahmedabad bench of the Income Tax Appellate Tribunal ( ITAT ) has held that the benefit of capital gain exemption under Section 54 of the Income Tax Act, 1961 cannot be denied to a joint owner who made the total investment in the purchase of the […]

Compounding Fee paid to Legal Metrology Dept is allowable expense

August 13, 2018 5016 Views 0 comment Print

Ocean Agro (India) Ltd. Vs DCIT (ITAT Ahmedabad) A short issue before us is, whether compounding fees expended by the assessee is compensatory in nature, and allowable expenditure under section 37(1) or not. We find that Explanation 1 appended to section 37(1) of the Income Tax Act prohibits allowance of any expenditure, if it was incurred […]

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