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ITAT Ahmedabad

Section 155(14) – Claim of TDS Credit after filing of Income Tax Return

February 4, 2023 46650 Views 0 comment Print

Section 155(14) provides that if any claim of TDS is left at the time of filing of income tax return and assessee subsequently comes to know of any tax deducted by a party but not informed till the date of filing of income tax return,  and subsequently the said TDS is also reflected in Form 26AS, then assessee should file revised income tax return and claim TDS.

Deduction u/s 37 allowable towards gifts given to business associates and executives

February 1, 2023 6969 Views 0 comment Print

ITAT Ahmedabad held that gift items given to business associates and executives qualifies as sales promotion expenditure allowable under section 37 of the Income Tax Act.

Invocation of section 263 justified as AO allowed deduction u/s 54B without necessary inquiry

February 1, 2023 774 Views 0 comment Print

ITAT Ahmedabad held that invocation of provisions of section 263 of the Income Tax Act justified as AO allowed deduction u/s 54B without necessary inquiry about applicability of the same.

ITAT deletes Addition for Cash Gift from Uncle and Aunt

January 29, 2023 2628 Views 0 comment Print

It is pertinent to note that to meet the emergency situation of additional expenses by the assessee the assessee has obtained cash not only from assessee’s father and mother but also the close relative i.e. the maternal uncle, maternal aunt as well as paternal uncle and paternal aunt and the said relation cannot be doubted by the Assessing Officer.

Mere Downfall in GP Ratio not give authority to revenue to make addition

January 29, 2023 2316 Views 0 comment Print

Sureshbhai Vihabhai Patel Vs ITO (ITAT Ahmedabad) There is no dispute to the fact that there is a downfall in the gross profit ratio declared by the assessee in the year under consideration in comparison to the earlier years. But the controversy arises whether the downfall in the gross profit ratio gives the authority to […]

Income from property held as stock would be income from business

January 20, 2023 6774 Views 0 comment Print

If property is used as stock in trade then such property would become or partake the character of stock and any income from stock would be income from business and not income from property.

No further addition for unaccounted inventory already accounted in books

January 19, 2023 1878 Views 0 comment Print

D.C.I.T Vs Vinodchandra Shanabhai Patel (ITAT Ahmedabad) On perusal of the profit and loss account of the assessee placed on page 29 of the paper book, we find that the assessee has shown other income of ₹1,92,78,814.00 which is representing the unaccounted stock found during the course of survey operation under section 133A of the […]

Cash wrongly deposited in bank A/c of Appellant: ITAT deletes Section 271D penalty

January 18, 2023 1302 Views 0 comment Print

It is evident that the assessee had received cash amounts, but deposited in its Bank A/c which is in violation of the provisions contained in Section 269SS. But like any other penalty, the operation of Section 271D with reference to the violation of the provisions contained in Section 269SS also is not automatic.

Justice cannot be deprived for mere filing of Appeal in Paper mode instead of Electronic

January 15, 2023 726 Views 0 comment Print

Hemendra Lilachand Shah Vs ITO (ITAT Ahmedabad) ITAT noted that requirement of filing appeal before the learned CIT (A) in electronic form was new. The assessee being individual filed appeal before CIT(A) within time limit but in paper dated 18th April 2016 instead of filing online as required by the CBDT notification dated 1st March […]

Transfer not complete if possession not delivered to purchaser

January 14, 2023 6213 Views 0 comment Print

ACIT Vs Shree Ami Office Owner’s Association (ITAT Ahmedabad) The issue for consideration is the year of taxability of the property. We observe that in the instant case, both the registered sale deed as well as the possession of the property was transferred in the subsequent financial year i.e. financial year 2007-08. The complete payment […]

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