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ITAT Ahmedabad

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

April 28, 2023 1683 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 927 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 996 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 […]

Addition for cash deposit in bank based on reopening without application of mind deleted

April 26, 2023 2058 Views 0 comment Print

Basic fact that assessee is not eligible for filing return of income was not taken into account and therefore, there was no application of mind while recording reasons for reopening.

Penalty u/s 271(1)(c) not leviable as deduction claimed under bonafide belief

April 25, 2023 2286 Views 0 comment Print

ITAT Ahmedabad held that penalty under section 271(1)(c) of the Income Tax Act not leviable as assessee claimed the deduction u/s. 80P(2)(a)(i) of the Act, with respect to the interest income under a bonafide belief.

No section 263 revision if Assessment Order Itself turns to be Null & Void

April 25, 2023 3003 Views 0 comment Print

Once the assessment order passed itself is null and void, the same cannot be the subject matter revision under section 263 of the Act

ITAT quashes orders passed in casual manner by AO & CIT(A)

April 25, 2023 3369 Views 0 comment Print

ITAT held that both AO & CIT(A) passed orders in a very casual manner and in complete disregard to the principles of natural justice.

Section 54B exemption eligible on Agricultural Property purchased against Advance of Agricultural Property Sale

April 23, 2023 1863 Views 0 comment Print

Assessee should be allowed benefit of deduction under section 54B of Act since purchase in new property has been made out of advances received towards sale of agricultural properties held by assessee.

Proceedings u/s 153C invocable only when AO proves that material seized from third party belongs to assessee

April 22, 2023 2310 Views 0 comment Print

ITAT Ahmedabad held that invocation of proceedings u/s 153C of the Income Tax Act unsustainable as AO has not put on record that material seized during the course of third party search belongs to the assessee.

Section 50C not applies to Agricultural Land

April 22, 2023 7452 Views 1 comment Print

Legal battle: Anilkumar Kantilal Trivedi challenges ITO’s Section 50C addition on agricultural land sale. Appeal details and key arguments analyzed.

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