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ITAT Ahmedabad

Addition without Considering Submissions of Assessee – ITAT restores matter

May 5, 2023 1146 Views 0 comment Print

Rupa Mahesh Gandhi Vs ITO (ITAT Ahmedabad) As transpires from the orders of the authorities below, the addition to the income of the assessee on account of unexplained investment in Bombay Stock Exchange of Rs.25,21,525/- and unexplained source of payment of credit card amounting to Rs.3,45,000/- was made in the absence of any details submitted […]

TDS payment & Return Filing responsibility is of Person deducting the TDS

May 4, 2023 2115 Views 0 comment Print

Section 200 of the Act casts a duty on person deducting tax to pay the same within prescribed time to the credit of the Central Government. Section 200A of the Act draws out the procedure for processing of statements of tax deducted at source.

TDS credit eligible to dedcutee despite non-payment or non-response to notices by deductor

May 4, 2023 2052 Views 0 comment Print

Paulomi Iyer Vs DCIT (ITAT Ahmedabad) At the outset, we note that this is second round of litigation before us. The background of case is that the assessee is an individual and engaged in the profession of service provider. During the year under consideration, the assessee provided services of SAP implementation to one of her […]

If re-assessment order quashed than penalty levied has no legs to stand

May 4, 2023 2625 Views 0 comment Print

Since quantum appeal itself is being quashed, penalty levied as against reassessment order for furnishing inaccurate particulars has no legs to stand and same is liable to be quashed.

Brought forward unabsorbed depreciation can be set-off against income from other sources allowed

May 4, 2023 4731 Views 0 comment Print

ITAT Ahmedabad held that the assessee is entitled to claim of unabsorbed brought-forward depreciation to be set off against income from other sources as available during the year.

Mere cash deposit in bank not sufficient to believe Escapement of Income

May 3, 2023 2847 Views 0 comment Print

Only information in possession of AO for assuming jurisdiction to reopen case was that of cash deposited in bank account of assessee

Deduction u/s 80IAB available to interest income from FD, customer’s receipts and business advances

May 1, 2023 1257 Views 0 comment Print

ITAT Ahmedabad held that interest income related to FD interest, interest from customer’s receipts and interest income from business advances is eligible for deduction under section 80IAB of the Income Tax Act.

Deduction u/s 10AA claimed in revised return cannot be disallowed

April 28, 2023 1623 Views 0 comment Print

ITAT Ahmedabad held that deprival of deduction u/s 10AA of the Income Tax Act merely on the reasoning that deduction was claimed in the revised return or audit report in Form 56F was filed during the assessment proceedings is unjustified.

ITAT restore matter to AO as matter was not properly argued before AO for bonafide reasons

April 26, 2023 879 Views 0 comment Print

Kishoresinh Hemantsinh Chudasama Pipali Vs DCIT (ITAT Ahmedabad) Undisputedly, before the ld. CIT(A), none-appeared on behalf of the assessee and the appeal was decided ex parte. I have also gone through the Form no. 35 filed before the ld. CIT(A) and find that the assessee has rightly mentioned that email-id mentioned therein was that of […]

ITAT dismisses Appeal of HUF whose Karta was expired for non-pursual

April 26, 2023 975 Views 0 comment Print

Ishwarbhai Madhavlal Patel-HUF Vs ITO (ITAT Ahmedabad) In the present case, the Karta of HUF having expired in the year 2021 itself when this information was first provided and since then revised Form No. 36 in the name of the legal-heirs or representative of the deceased-assessee is not be filed as provided in Rule 26 […]

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