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ITAT Ahmedabad

Invocation of section 263 for delayed payment of employees’ contribution to PF/ESIC sustained: ITAT Ahmedabad

September 18, 2024 762 Views 0 comment Print

ITAT Ahmedabad held that invocation of section 263 of the Income Tax Act for issue of delayed payment of employees’ contribution to PF/ESIC justifiable as AO’s failure to examine has rendered assessment order erroneous and prejudicial to interest of revenue.

Disallowance of provision for leave encashment unwarranted as liability was inherited due to restructuring

September 18, 2024 1002 Views 0 comment Print

ITAT Ahmedabad held that disallowance of provision for leave encashment unwarranted as provision was not debited to the profit & loss account of the assessee but was inherited by the assessee on account of restructuring exercise of GEB.

Disallowance u/s. 36(1)(iii) unjustified as interest-free funds exceeds loan to subsidiary: ITAT Ahmedabad

September 18, 2024 1167 Views 0 comment Print

ITAT Ahmedabad held that disallowance u/s. 36(1)(iii) of the Income Tax Act unjustified as interest-free funds exceeds loan to the subsidiary and loan was advanced for commercial expediency.

Agricultural nature of land at time of sale determinative regardless of buyer’s intended use: ITAT Ahmedabad

September 18, 2024 1722 Views 0 comment Print

ITAT Ahmedabad held that the agricultural nature of the land at the time of sale is determinative, regardless of the buyer’s intended use. Thus, land sold was agricultural land and hence doesn’t attract capital gain.

Deduction u/s. 80P inadmissible as return filed after due date prescribed u/s. 139(1): ITAT Ahmedabad

September 17, 2024 1497 Views 0 comment Print

ITAT Ahmedabad held that claim of deduction u/s 80P is admissible only when the claim of deduction u/s 80P is made in the return of income filed on or before the due date prescribed u/s 139(1). Thus, deduction u/s. 80P inadmissible when return is filed after due date prescribed u/s. 139(1).

Disallowance u/s. 14A unwarranted as interest-free funds exceeds investment: ITAT Ahmedabad

September 17, 2024 744 Views 0 comment Print

ITAT Ahmedabad held that no disallowance under Section 14A of the Income Tax Act warranted as interest-free funds exceed the investments made, and there is no evidence to suggest that borrowed funds were used for such investments.

No Section 143(2) notice Requirement if Valid Section 148 Notice issued

September 17, 2024 11025 Views 0 comment Print

ITAT Ahmedabad confirms that fulfilling Section 148 requirements under the Income Tax Act eliminates the need for a separate notice under Section 143(2).

Non-Appearance Caused by Notice Served on Ex-Employee: ITAT Restores Case to CIT(A)

September 17, 2024 705 Views 0 comment Print

ITAT Ahmedabad overturns ex parte order against Takshashila Realties Pvt Ltd due to non-receipt of notices, remands case for fresh consideration.

ITAT Remands Ganpat Trust’s Form 10B Filing Delay Case

September 17, 2024 597 Views 0 comment Print

ITAT remands Ganpat Vidhyanagar Uma Parivar Trust’s case to JAO for reconsideration after CIT(E) condones delay in filing Forms 10B and 9A.

Exemption u/s. 10(38) disallowed as sale of share was an affair to convert unaccounted money: ITAT Ahmedabad

September 16, 2024 5244 Views 0 comment Print

ITAT Ahmedabad held that claim of exemption u/s. 10(38) on sale of shares rightly disallowed as assessee failed to prove genuineness of transaction and long-term capital gain on sale of shares was an arranged affair to convert its own unaccounted money.

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