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ITAT Ahmedabad

Denial of deduction u/s. 80IB(10) unjustified as separate building planning permission obtained for each block

September 28, 2023 1317 Views 0 comment Print

ITAT Ahmedabad held that denial of deduction u/s. 80IB(10) of the Income Tax Act alleging non-completion of some blocks unjustified as separate building planning permission were obtained by assessee from Local Authority namely AMC for each Block as a separate housing project.

Conversion of firm to company for consideration of paid up share capital doesn’t amount to transfer

September 26, 2023 3078 Views 0 comment Print

ITAT Ahmedabad held that Sale/ conversion of business of assessee-firm as a going concern to company for consideration of paid up share capital does not amount to transfer liable to tax as capital gains.

Weighted deduction available on all expenditure incurred on in-house research & development facility

September 25, 2023 1965 Views 0 comment Print

ITAT Ahmedabad held that assessee is entitled to claim weighted deduction on all expenditure incurred by it, on in-house research & development facility. Accordingly, restricting claim of weighted deduction u/s 35(2AB) to the extent approved by the prescribed authority i.e. DSIR unjustified.

Initiation of proceedings u/s 147 based on typographical error unsustainable

September 25, 2023 984 Views 0 comment Print

ITAT Ahmedabad held that a typographical error cannot be a reason to believe that the income of the assessee has escape assessment and hence initiation of proceedings under section 147 of the Income Tax Act is unsustainable.

Section 45(3) applies to capital asset transferred to firm by way of capital contribution

September 23, 2023 10269 Views 0 comment Print

ITAT Ahmedabad held that the provision of section 50C of Act cannot be made applicable to transaction of capital assets transferred by assessee to a partnership firm by way capital contribution. Such transaction falls under the provision of section 45(3) of the Income Tax Act.

Additional claim not allowable u/s. 43B(a) as assessee not legally obliged to pay customs duty

September 22, 2023 900 Views 0 comment Print

ITAT Ahmedabad held that as assessee was not legally obliged to pay customs duty amount, additional claim towards payment of such customs duty cannot be allowed under provisions of section 43B(a) of the Income Tax Act.

ITAT Upholds Addition Due to Lack of Evidence for Promotion Expenses

September 22, 2023 579 Views 0 comment Print

ITAT Ahmedabad’s order in Lincoln Pharmaceuticals Ltd. vs. DCIT, confirming addition due to insufficient evidence for promotion expenses.

Delay in Govt Auditor’s Audit Report Doesn’t Deny U/S 80P Deduction

September 20, 2023 1767 Views 0 comment Print

Uttam Dairy Staff Co-operative Credit & Supply Society vs. AO – ITAT Ahmedabad upheld deduction under Section 80P despite delayed filing due to Govt. Auditor. Analysis here.

ITAT Upholds CIT(A) Decision on Deletion of Income Tax Addition for Unexplained Investment

September 16, 2023 717 Views 0 comment Print

Analysis of ITAT Ahmedabad’s decision in ITO vs Jakshibhai Dahyabhai Bharvad. Understand how CIT(A) order was upheld, affecting income tax additions.

Payment of guarantee fee to Gujarat Government is revenue expenditure

September 15, 2023 531 Views 0 comment Print

ITAT Ahmedabad held that payment of guarantee fee to the Govt. of Gujarat in consideration of guarantee issued by it for repayment of unsecured loan is revenue expenditure.

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