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ITAT Ahmedabad

S. 10B Approval received from STPL is proper approval for claiming deduction

November 12, 2015 2206 Views 0 comment Print

Quality BPO Services Pvt Ltd, Vs ACIT (OSD) (ITAT Ahmedabad)- The issue under appeal relates to examination of the claim of assessee under section 10B of the Act at Rs.67,08,733/- which hitherto has been disallowed by the Assessing Officer and further sustained

Associated Enterprises of assessee cannot be taken as comparable for determining ALP as per CUP method

November 11, 2015 1138 Views 0 comment Print

The ITAT Ahmedabad in the case of Gemstone Glass Pvt. Ltd vs. JCIT held that when an associated enterprise is taken as comparable then CUP method cannot be adopted for determining Arm Length Price irrespective of the fact that the associated enterprise taken as comparable is resident or non-resident.

Consultancy services which are not of a technical nature cannot be treated as technical services

November 10, 2015 1867 Views 0 comment Print

ITAT Ahmedabad held In the case of Shell Global Solutions International BV vs. ITO that as clearly stated in the MoU to the Indo US tax treaty, which stands incorporated in the Indo Dutch tax treaty as well by the virtue of MFN clause

Interest on Loan taken for Machinery allowable from the date it put to use

November 7, 2015 1808 Views 0 comment Print

ITAT Ahmedabad held In the case of Ashima Dyecot Limited vs. DCIT that interest on capital borrowed for plant & machinery which already has put to use for commercial production is allowed u/s 36 (1) (iii). In the given case,

Welfare of a particular community can also be a charitable purpose for registration u/s 12AA

November 5, 2015 2175 Views 0 comment Print

The ITAT Ahmedabad in the case of Ranpariya Solanki Sukhadiya Parivar Trust vs. CIT(Exemption) held that the application made u/s 12AA cannot be rejected even a trust’s object is to function in the interest of a particular community

Revision u/s 263 not allowed on matters which already enquired and replied in original assessment

November 5, 2015 1487 Views 0 comment Print

ITAT Ahmadabad held In the case of Adani Port & Special Economic Zone Ltd. vs. ACIT that two circumstances must exist to enable the Commissioner to exercise power of revision u/s 263, namely (i) the order is erroneous

Additions for unexplained investment based on mere DVO report not sustainable

November 4, 2015 1359 Views 0 comment Print

ITAT Ahmadabad held In the case of ACIT vs. Shri Kanakkumar J. Jariwala that mere valuation report is not sufficient to conclude that the assessee has made unexplained investment. From perusal of the assessment

Addition on account of stock received for Job work as unexplained stock is not permissible – ITAT

November 4, 2015 1803 Views 0 comment Print

ITAT Ahmadabad held In the case of ACIT vs. M/s. Vipan Industries that where there are records available to show that the excess stock found during the survey not belong to the assessee but infact was of the other party who has taken said premises on lease, addition is not justified.

S. 69C Addition not sustainable where subsequently payment to parties made through normal banking channels

November 4, 2015 2287 Views 0 comment Print

ITAT Ahmadabad held In the case of Mukesh Ashmal Bokadia vs. ITO that AO is not justified to make addition on account of purchases as this is not the situation because books of account have not been fully rejected, none of the parties has previously been proved as bogus

Provision made for liability in terms of proposed recommendation of 6th Pay Commission was to be allowed as deduction

October 29, 2015 696 Views 0 comment Print

In case of Gujarat Energy Transmission Corpn. Ltd vs. ACIT, assessee-company the company has provided certain sum towards employees cost for arrears payable upto 31st March, 2008 . It debited said sum in respect of 6 th Pay Commission arrears

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