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ITAT Ahmedabad

Section 251 not empowers CIT(A) to discover new income source: ITAT Ahmedabad

March 28, 2024 1407 Views 0 comment Print

Analysis of Rotex Enterprises P. Ltd. Vs DCIT case: CIT(A) exceeded jurisdiction under section 251, ITAT Ahmedabad rules, disallowances unsustainable.

ITAT quashes Section 263 revision order in absence of any invalidity in JDA amendment 

March 27, 2024 645 Views 0 comment Print

Read the full text of the ITAT Ahmedabad order where the revision order against Rameshlal Bullchand Ambwani is quashed due to lack of valid reasons for JDA amendment.

Section 263 Assessment: AO Obliged to Apply Mind & Pass Reasoned Order

March 22, 2024 1980 Views 0 comment Print

The computation of income by AO giving effect to CIT’s direction was an assessment order which was appealable. The order passed by CIT(A), therefore, holding the assessment order to be not appealable was incorrect in law.

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

March 21, 2024 1077 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 1770 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 1104 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 6813 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 3921 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 2835 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 558 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.

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