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ITAT Ahmedabad

Addition of Interest on NPA on accrual basis not justified as banks to recognise such income on Cash basis

December 21, 2017 2415 Views 0 comment Print

The Suvikas Peoples’ Co-op. Bank Ltd. Vs. ACIT (ITAT Ahemdabad) Essence the RBI Directions, 1998 are prudential/ provisioning norms issued by RBI under Chapter IlI-B of the RBI Act, 1934. These norms deal essentially with income recognition. They force the NBFCs to disclose the amount of NPA in their financial accounts. They force the NBFCs […]

Assessment U/s. 147 not become invalid for satisfaction of Reasons recorded by both CIT & JCIT

December 17, 2017 2481 Views 0 comment Print

Merely because an even higher authority has expressed similar satisfaction does not obliterate the satisfaction of appropriate authorities.

Allowability of Investment in new asset after furnishing of return U/s. 54

December 10, 2017 2013 Views 0 comment Print

ITAT Ahmedabad clarifies Section 54: Exemption on capital gains for new property. Extended filing, capital gain scheme explained. Case details.

Assessment order not become nullity for mere non-issue of notice upon legal heirs

December 9, 2017 1500 Views 0 comment Print

The ld.counsel for the assessee while impugning the orders of Revenue authorities took us through section 159 of the Income Tax Act, 1961 and pointed out that as per sub-section (2) of section 159 notice upon legal heirs ought to have been issued by the AO, which the AO has failed to do so, and therefore, the assessment order is a nullity and deserves to be quashed.

Addition based on Fake Sale deed is not sustainable

December 9, 2017 1560 Views 0 comment Print

The fact of the second sale was denied and the same arguments were put forth, namely that (i) the assessee had no knowledge of the second deal and (ii) the purchasers of the property Kanekleta Umengbhai Thakker and Umangbhai HiralalThakker had filed affidavits stating that they paid only Rs.3.70 crores and that the sale deed of Rs. 1.37 crores was executed by mistake.

May be Right Thing done in Wrong Manner

December 4, 2017 1404 Views 0 comment Print

Background It is a matter relating to validity of re-opening of assessment on a technical ground in the case of Mayurbhai Mangaldas Patel v ITO. The learned Ahemdabad ITAT Bench has noted all the facts and circumstances of the case and the law as applicable in very clear manner. It has kept some issues open […]

Appropriate rate of interest for estimating ALV of Property let out without rent

December 3, 2017 1356 Views 0 comment Print

In our opinion, for determining the income from the property, it should be rate of return on the investment of similar amount in another asset. Therefore, in our opinion, the Commissioner (Appeals) was fully justified in estimating the ALV on the basis of interest which assessee would have earned on the investment of the similar amount.

Penalty justified for failure to Prove Genuineness of Cash Deposits

November 30, 2017 2256 Views 0 comment Print

Mrs. Ramesh K. Patel C/o. Vs ITO (ITAT Ahmedabad) It is come on record that the assessee has not filed even a single satisfactory documentary or oral evidence or confirmation to the satisfaction of the lower authorities so as to prove genuineness of the above two cash deposits. We therefore quoting Hon’ble Apex Court’s judgment […]

Income disclosure under fear of penalty or other proceedings cannot be termed voluntary

November 22, 2017 2253 Views 0 comment Print

A disclosure made under the fear of a plausible penalty or other proceedings cannot be termed voluntary or made in good faith. Mere request for non-initiation of penalty on the ground of disclosure branding the same to be voluntary with a view to buy peace and avoid litigation will not take the assessee out of the scope and ambit of Explanation-1 to section 271(1)(c) of the Act.

Preservation of Environment is charitable Activity eligible for Sec. 11(1)(a) exemption

November 7, 2017 6291 Views 0 comment Print

Ahmedabad bench of the ITAT observed that the activities of the Gujarat Environment Service Society are charitable in nature. The main issue before the Tribunal was that whether the assesse is entitled for benefit of section 11(1)(a) of the Income Tax Act, 1961 or not. Section 11(1)(a) is about exemptions related to charity.

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