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ITAT Ahmedabad

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

April 9, 2024 7179 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 1005 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 609 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.

No Section 270A Penalty if No Misreporting or Underreporting by Assessee

April 3, 2024 3693 Views 0 comment Print

Detailed analysis of Mahendra N. Patel Vs DCIT case where ITAT Ahmedabad nullifies penalty due to absence of misreporting or underreporting by the assessee.

ITAT Remands Matter, Imposes Cost on Assessee for Lack of Cooperation

March 31, 2024 708 Views 0 comment Print

Read about the ITAT Ahmedabad’s decision in the case of Vivekkumar S Bhavsar vs ITO, where the matter was remanded back to the AO due to lack of cooperation from the assessee. A cost of Rs. 5000 was imposed on the assessee, payable to the Prime Minister National Relief Fund.

Mathematical Errors cannot be said to be Failure to Disclose Material Facts: ITAT Ahmedabad

March 31, 2024 747 Views 0 comment Print

Ahmedabad ITAT rules in favor of Mehsana Urban Co-op. Bank Ltd., stating AO’s incorrect calculation isn’t failure to disclose, thus invalidating assessment reopening beyond 4 years.

Section 43B Doesn’t Apply where payment precedes claim of expenditure

March 31, 2024 5799 Views 0 comment Print

Read a detailed analysis of the case of DCIT vs. Flax Apparels Pvt. Ltd. where ITAT Ahmedabad ruled that Section 43B of the Income Tax Act, 1961 doesn’t apply when payment precedes the claim of expenditure.

ITAT Allows depreciation on car despite registration in Directors name

March 31, 2024 3261 Views 0 comment Print

Ahmedabad ITAT ruled that vehicles used for business purposes, even if owned by directors, are eligible for depreciation. Case analysis of Mukesh Trends Lifestyle Limited Vs DCIT.

TDS not deductible on Commission earned by Foreign Agents Outside India

March 30, 2024 1662 Views 0 comment Print

In a landmark decision, ITAT Ahmedabad rules in favor of Globe Textiles (India) P. Ltd., stating no TDS deduction necessary on commission income earned by foreign agents outside India.

No Section 35(1)(ii) deduction on Donation to ineligible Scientific Research Trust 

March 30, 2024 1881 Views 0 comment Print

ITAT Ahmedabad ruled against C K Zipper Pvt Ltd, disallowing deduction under Section 35(1)(ii) of Income Tax Act for donations to ineligible research trust.

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