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ITAT Ahmedabad

Vessel Damage Payments, Capital in Nature and Not fall under Section 5(2): ITAT

January 19, 2024 828 Views 0 comment Print

ITAT Ahmedabad upheld decision of CIT(A), ruling in favor of Nirma Limited. The nature of payments for vessel damage was deemed as reimbursement and capital in nature, not falling under Section 5(2) of the Act. The appeal by Revenue was dismissed, affirming the cancellation of TDS deduction on the payment of USD 4,50,000.

Computation of capital gains tax on sale of agricultural land converted into non-agricultural land

January 18, 2024 8427 Views 0 comment Print

Case of Ilaben Bharatbhai Amin vs ITO, recently decided by ITAT Ahmedabad, delves into intricacies of calculating capital gains tax arising from sale of agricultural land that undergoes conversion into non-agricultural land before sale.

Non-resident cannot be taxed in India unless income is proven to accrue or arise within India

January 18, 2024 5736 Views 0 comment Print

Explore ITAT Ahmedabad’s order in DCIT vs. Vimal Kanubhai Patel case. Onus on Income Tax Dept to provide evidence for taxing foreign bank credits of NRI. Full text available.

Appellate authority cannot enhance assessment without issuing a notice

January 6, 2024 1167 Views 0 comment Print

ITAT Ahmedabad held that an appellate authority can exercise the power u/s. 251(1)(a) to enhance the assessment only after giving a notice for enhancement. Accordingly, enhancement by CIT(A) without issuance of notice is untenable in law.

AO Must Verify Documents Before Disallowing Business Loss: ITAT Ahmedabad

January 5, 2024 1422 Views 0 comment Print

In a case of Suprinit Tradinvest Pvt. Ltd. Vs ITO, ITAT Ahmedabad directs AO not to disallow business loss in share transactions without thorough document verification.

No Section14A read with Rule 8D Disallowance in Absence of Exempt Income

December 31, 2023 1632 Views 0 comment Print

ITAT Ahmedabad rules in favor of Dcom Systems Limited against DCIT, affirming CIT(A)’s decision on interest disallowance and Section 14A deletion for AY 2014-15, emphasizing the importance of business expediency and absence of exempt income for disallowances.

Delay in filing Form 10AB: ITAT Ahmedabad Directs Reconsideration of 80G Registration

December 14, 2023 8055 Views 0 comment Print

Explore the detailed analysis of ITAT Ahmedabad’s order directing the reassessment of Form 10AB for 80G registration. Insights into the case of Best Buds Pet Care Vs CIT.

ITAT Directs Readjudication of CA’s Classification of Medical Store as “Business” on Form 10AB

December 10, 2023 903 Views 0 comment Print

Explore the ITAT Ahmedabad ruling in Hasaniya Healthcare Sarvajanik Trust vs. CIT case. Learn how the CA’s interpretation error led to rejection and the subsequent order for reexamination.

Deduction for staff ex-gratia & benefit cannot be denied merely for showing under appropriation of fund

November 30, 2023 1971 Views 0 comment Print

Explore the ITAT Ahmedabad ruling on the disallowance of expenses under Section 43B for Himatnagar Nagrik Sahakari Bank Ltd. Learn about the dispute, the arguments presented, and the decision. Find insights into the assessment order, grounds of appeal, and the National Faceless Appeal Center’s confirmation.

Addition towards unexplained cash credit deleted as AO failed to conduct independent inquiry

November 28, 2023 1644 Views 0 comment Print

ITAT Ahmedabad deleted the addition towards unexplained cash credit as AO failed to conduct independent inquiry and addition was made merely for the reason that there was minor difference in amount of cash deposited vis-à-vis amount of demand draft and amount of invoice.

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