ITAT Ahmedabad held that invocation of provisions of section 69A of the Income Tax Act unjustified as cash deposits during demonetization period duly recorded in books of account and source of cash deposits duly maintained.
Assessee, an individual, had deposited cash in his bank account. During assessment, AO observed that assessee had entered into share transactions and earned income from commodities through Multi Commodity Exchange.
ITAT Ahmedabad held that non application of mind or wrong assumption of facts or incorrect application of law by the A.O. will make the order erroneous and pre-judicial to the interest of revenue. Thus, as order passed without adequate inquiry, revision u/s. 263 justified.
ITAT Ahmedabad held that matter needs to be remanded back as assessee failed to furnish corroborative documentary evidence to prove cash sales during demonetization period and certain proofs were submitted only before the present tribunal.
ITAT Ahmedabad held that invocation of section 263 by PCIT unjustified due lack of sufficient evidence to support claim that the order is erroneous and prejudicial to the interest of revenue.
ITAT Ahmedabad held that deduction under section 54 of the Income Tax Act towards Long Term Capital Gains admissible even when return is filed belated return of income under section 139(4) of the Income Tax Act.
AO was not justified in addition of interest expenses debited in the P&L account, a sum of Rs.2,12,94,836/- was capitalized towards CWIP under Section 36(1)(iii) of and added to the total income of the assessee.
ITAT Ahmedabad held that AO had no jurisdiction to initiate proceedings u/s. 153C of the Income Tax Act beyond permissible period of six years from date of receipt of books/ documents by AO.
ITAT Ahmedabad held that the assessee has established that they were the sole developer in the contracts which are related to the developing, operating and maintaining the infrastructure facilities as envisaged u/s. 80IA(4)(i) of the Income Tax Act.
ITAT Ahmedabad rules in favor of Rahul G. Patel, granting exemption under Section 54EC for investments made in NHAI bonds before the sale deed registration.
