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ITAT Ahmedabad

Section 40A(2)(b) cannot be invoked if no excessive or unreasonable payment

May 6, 2024 2220 Views 0 comment Print

Explore the intricacies of Section 40A(2)(b) with insights from the M S Hostel Vs DCIT case. Learn why salary disallowance requires thorough examination of fair market value and legitimate business needs.

Assessment void if section 143(2) jurisdictional notice was issued beyond prescribed time limit

April 18, 2024 5409 Views 0 comment Print

Read about the case of Aark Infosoft Pvt. Ltd. vs. ACIT (ITAT Ahmedabad) where the assessment was deemed void due to a delayed Section 143(2) notice.

Expenses Cannot Be Disallowed Without Assessee’s Claim in the Relevant Year

April 18, 2024 2352 Views 0 comment Print

Analyzing the case of Sunil Dhirubhai Patel vs ITO, where expenses were disallowed despite not being claimed by the assessee, and how the ITAT Ahmedabad ruled in favor of the assessee.

Income determination in assessment cannot dictate filing of ITRs: ITAT Quashes section 271F Penalty

April 18, 2024 2913 Views 0 comment Print

ITAT Ahmedabad quashes penalties under Section 271(1)(b) & 271F of the Income Tax Act, emphasizing that income determination in assessment orders cannot dictate filing of ITRs.

No Sec 69 Addition merely for Property Transfer via Registered Sale Without Payment to Vendor: ITAT

April 15, 2024 9900 Views 0 comment Print

Understand the implications of unexplained expenditure as Hyfun Foods challenges an addition of Rs. 95,47,000/- under section 69 of the Income Tax Act. Detailed analysis and verdict included.

ITAT allowed additional depreciation claim of Rs. 49.5 cr notwithstanding Authorities failed to appreciate Amended Provision of S. 36(1) (iia)

April 12, 2024 828 Views 0 comment Print

Tribunal allowed a claim of Rs. 49.5 crore in the interest of Principle of Natural Justice after finding that the respective authorities failed to appreciate the amended provision of Section 36(1)(iia) of the Income Tax Act, 1961, resulting in the denial of an additional depreciation claim.

Assessee’s Accountant Left Job: ITAT Remanded Case to Assessing Officer

April 10, 2024 4293 Views 0 comment Print

ITAT Ahmedabad remands case of Ramakushna Kiritbhai Tripathi Vs ITO due to accountant’s departure and lack of proper representation, emphasizing procedural fairness.

Change of Opinion Not Allowed, Section 54 Deduction to HUF for Property Purchase in Individual’s Name

April 9, 2024 7134 Views 0 comment Print

ITAT Ahmedabad ruling regarding Section 54 deduction to a Hindu Undivided Family (HUF) for property purchase in an individual’s name. The decision emphasizes the principle against allowing a change of opinion in reassessment proceedings, based on established legal precedents.

Section 263 Revisionary Powers Limited to Issues Addressed in Limited Scrutiny

April 9, 2024 942 Views 0 comment Print

In the case of Vijay Rajnikant Patel Vs PCIT, ITAT Ahmedabad rules that Section 263 revisionary powers are limited to issues addressed in limited scrutiny, ensuring adherence to CBDT instructions.

Developer engaged in “development” of new infrastructural facility eligible for Section 80 IA(4) deduction

April 4, 2024 561 Views 0 comment Print

Understand Section 80-IA(4) deductions: N.C.C. – M.S.K.E.L (J.V.) Vs Income Tax Officer (ITAT Ahmedabad) clarifies eligibility for developers.

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