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ITAT Ahmedabad

Revision of return u/s 139(5) is not required when undisputed apparent mistake is there in ROI

October 3, 2015 849 Views 0 comment Print

ITAT Ahmedabad held in ACIT Vs Amrapali Capital & Financial services Ltd that if the assessee had by mistake wrongly computed its computation of income because of unawareness of the law and he had not revised it return within the time mentioned u/s 139(5)

TDS u/s. 194C deductible when contract amount exceeds thrash hold limit

September 28, 2015 9302 Views 2 comments Print

ITAT Ahmedabad has held in the case ITO v Someshwar Real Estate Pvt. Ltd. that the TDS would be deducted u/s 194C only when the amount of single contract exceeds Rs. 20,000 or the amount exceeds Rs. 50,000 in aggregate which has been given to a particular person in a year.

Section 68 Cannot be invoked merely on the basis of Presumptions

September 23, 2015 1677 Views 0 comment Print

It has been held in case of Mukesh V. Prajapati Vs ITO (Ahmedabad ITAT), that the amount of cash credits shown as loan taken from various relatives , cannot be added as unexplained credit under sec 68 just on the presumption that the sources of the fund is not genuine

Section 68 Cannot be invoked if Creditor’s Identity, Mode of Payment & Repayment proved

September 23, 2015 1136 Views 0 comment Print

In the case of M/s. Jindal (India) Textiles Vs. ITO the Hon’ble ITAT held that once creditors’ identity, mode of payment and repayment, assessee’s books of accounts proved the impugned credit transactions

No Penalty for disallowance based on accurate particulars submitted during scrutiny

September 17, 2015 5991 Views 0 comment Print

In the case of ITO vs. M/s Besto Tradelink (P) Ltd ITAT Ahemdabad) – Assessing Officer has computed the other disallowances of interest amount and the one under section 40A(3) only on the basis of assessee’s accurate particulars already submitted on record in the course of scrutiny.

Recording of satisfaction mandatory prior to issuing notice u/s 153C & it should not be vague

September 11, 2015 1064 Views 0 comment Print

ITAT Ahmedabad in the case of M/s. Parshwa Corporation Vs. DCIT observed the basic necessities & condition for issuing notice u/s 153 C and it was held that it is mandatory to follow the procedure prescribed under the section i.e. (1) Satisfaction is to be recorded by the Assessing Officer of the persons searched;

Addition u/s 69 on account of untallied bank entries not sustainable where such entries duly recorded & reconciled in books

September 9, 2015 1949 Views 0 comment Print

ITAT Ahmedabad held In the case of ITO vs. M/s Bharat Agro Industries that section 69 comes into operation only if investments are not recorded in the books of account maintained by the assessee which is not the case looking to the facts of the assessee wherein the bank balances are shown in the audited balance sheet

Exclusive Method’ of accounting is valid in absence of any notified standard by Department

September 4, 2015 5930 Views 0 comment Print

In A.C.I.T. vs. Kiran Industries Pvt Ltd, the Ahmedabad Tribunal following its co-ordinate bench decision and relying upon the decision of Hon’ble High Court (T&AP) held that excise duty component need not to be included in valuation of inventory if the assessee is following exclusive method of accounting.

CIT cannot interfere with discretion exercised by AO without any Plausible Reason 

September 3, 2015 721 Views 0 comment Print

ITAT Ahmedabad held In the case of Shri Isharbhai Chotabhai Patel Vs. CIT that ld. Commissioner not justified in interfering in the discretion exercised by the AO without any plausible reason. The estimated opinion formed by the AO can only be interfered

Disallowance of expenses on estimation, not allowed

August 21, 2015 9235 Views 0 comment Print

AO had made disallowance of labour payments on the basis of estimation to the extent of 20% of the expenditure. The AO has not given any basis on which he has based his finding to disallow at 20% of the expenditure on estimate basis.

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