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ITAT Ahmedabad

Section 263 cannot be invoked if here is no prejudice against revenue

March 21, 2024 1011 Views 0 comment Print

Ahmedabad ITAT quashes Sec 263 order in Soham Buildcon vs PCIT-3 case, citing absence of twin conditions for exercising power under the provision. Full text analysis provided.

Deemed Short-Term Capital Gains from Depreciable Asset Sale Eligible for Setoff Against Long-Term Capital Loss

March 21, 2024 1686 Views 0 comment Print

Explore how DCIT vs. Claris Lifesciences Limited case sets precedent for setting off deemed short-term capital gain on sale of depreciable against long-term capital loss.

Penny Stock Sale Not ‘Unaccounted Income’ if Purchase not doubted

March 21, 2024 1038 Views 0 comment Print

ITAT Ahmedabad overturns AO’s decision, ruling that penny stock sale cannot be treated as unaccounted income if the purchase is genuine. Details of the case and verdict provided.

Receipt as confirming party on sale of right is income taxable under capital gain: ITAT Ahmedabad

March 21, 2024 6627 Views 0 comment Print

ITAT Ahmedabad held that amount received as confirming party on sale of right is considered as receipts on sale of capital asset and accordingly, income is held as income from long term capital gain.

CIT(A) Can’t dismiss Appeal U/s. 250 without Discussion on Merit: ITAT Ahmedabad

March 20, 2024 3768 Views 0 comment Print

Babubhai Ramanbhai Patel vs DCIT – Ahmedabad ITAT rules CIT(A) must discuss case merits before dismissing appeal for non-prosecution. Full analysis here.

Even if Form 10B is filed at a later stage, Section 11 exemption cannot be denied

March 20, 2024 2751 Views 0 comment Print

Anjana Foundation Vadodara vs A.O.: Ahmedabad ITAT clarifies that advance filing of Form 10B isn’t mandatory for claiming exemption under Sections 11 & 12.

Bank Account with Social Co-operative Insufficient to Imply Accommodation Entry: ITAT

March 20, 2024 522 Views 0 comment Print

In the case of ACIT Vs Aaryavart Infrastructure Pvt. Ltd., the Income Tax Appellate Tribunal (ITAT) Ahmedabad ruled that mere maintenance of a bank account with a social co-operative bank cannot be a basis for assuming that the assessee is engaged in accommodation entries. Get insights into the case and the tribunal’s decision.

Deduction u/s. 80IB(10) admissible only when return is furnished within due date specified u/s 139(1): ITAT Ahmedabad

March 18, 2024 789 Views 0 comment Print

Learn about the DCIT vs Umang Hiralal Thakkar case at ITAT Ahmedabad regarding filing returns under section 139(1) for claiming deduction under section 80IB. Get detailed insights and analysis.

ITAT deletes addition for Cash Deposit which was duly explained by Taxpayer

March 18, 2024 1491 Views 0 comment Print

Dive into the case of Pravinbhai Mumabhai Bharwad vs ITO as ITAT Ahmedabad annuls addition under section 69A, highlighting oversight of cash deposit proofs by AO and CIT(A).

LTCG Deemed Genuine: AO Fails to Prove Bogus Share Sale, Addition Deleted

March 15, 2024 1362 Views 0 comment Print

Read about the ITAT Ahmedabad ruling in Bharatkumar Gangaram Patel vs. ITO case, where the addition for unexplained LTCG on shares was deleted due to failure to establish bogus sale.

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