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ITAT Ahmedabad

Addition Under Section 56(2)(vii)(b) Without DVO Valuation Invalid

January 29, 2025 270 Views 0 comment Print

ITAT Ahmedabad held that addition under section 56(2)(vii)(b) of the Income Tax Act without referring valuations of property to DVO as per the provisions of sec-50C of the Income Tax Act is liable to be deleted. Accordingly, appeal allowed.

Exemption u/s. 11 and 12 available as agreement entered didn’t violated purpose of charity

January 28, 2025 195 Views 0 comment Print

ITAT Ahmedabad held that agreement for transfer of operations, management and movable assets didn’t violated the purpose of charity and hence exemption under section 11 and 12 of the Income Tax Act duly available.

Services doesn’t qualify as FTS as make available condition not satisfied: ITAT Ahmedabad

January 28, 2025 393 Views 0 comment Print

ITAT Ahmedabad held that services do not qualify as Fee for Technical Services [FTS] under India-Netherlands tax treaty since department failed to demonstrate that technology was ‘make available’ to recipient of services.

Incidental Commercial Activities Allowed Within Threshold for Tax Exemptions U/s. 11 & 12

January 28, 2025 1137 Views 0 comment Print

Entities advancing general public utility could engage in trade or business only if such activities were incidental to their primary charitable objectives and adhered to specific quantitative thresholds.

Cost imposed on assessee for non-compliance with notices issued by CIT(A) u/s. 250

January 27, 2025 276 Views 0 comment Print

ITAT Ahmedabad held that non-compliance to notices issued u/s. 250 by CIT(A) resulted into delayed appellate proceedings. Accordingly, cost of Rs. 5,000 imposed on the assessee for lack of diligence.

Section 54F Exemption allowed on Land Purchased Beyond 2 Years for Residential House Construction

January 25, 2025 999 Views 0 comment Print

ITAT Ahmedabad sets aside PCIT’s order on a capital gains exemption claim under Section 54F. Details of the decision and legal interpretation explained.

Notice u/s. 274 untenable as penalty u/s. 271(1)(c) imposed without stating specific charge

January 25, 2025 279 Views 0 comment Print

ITAT Ahmedabad held that notice issued u/s. 274 without specifying ground for imposition of penalty u/s. 271(1)(c) i.e. whether penalty is imposed for concealment of income or furnishing of inaccurate particulars of income is not justifiable.

PF/ESI Payment Delayed by Technical Issues Allowable as Deduction: ITAT Ahmedabad

January 25, 2025 1887 Views 0 comment Print

ITAT Ahmedabad rules technical glitches caused a one-day delay in PF/ESIC credit, deleting the disallowance under Section 36(1)(va) for AY 2018-19.

Denial of fair opportunity: ITAT directs readjudication of Section 12AB application

January 25, 2025 219 Views 0 comment Print

ITAT Ahmedabad restores Sharvashram Jagruti Sansthan Trust’s case for re-evaluation by CIT (Exemption), citing natural justice and insufficient hearing opportunities.

Addition at 8% of Gross Profit without hearing: ITAT directs readjudication

January 25, 2025 213 Views 0 comment Print

ITAT Ahmedabad remands Vinodchandra Dahyabhai Darji’s tax case for fresh adjudication after finding denial of a hearing in a faceless appeal process.

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