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ITAT Ahmedabad

ITAT Orders Reassessment Due to Ex-Parte Assessment Ignoring Rule 46A Evidence

September 30, 2023 1017 Views 0 comment Print

ITAT Ahmedabad directs readjudication of ex-parte assessment orders passed without considering additional evidence filed under Rule 46A of Income Tax Rules.

ITAT Directs Re-adjudication for 12AB Registration Denial

September 29, 2023 972 Views 0 comment Print

In a case involving Section 12AB registration denial, the ITAT orders re-adjudication due to non-consideration of submissions by the trust.

Income from Nursery Activities Deemed Agricultural, Not Business Income: ITAT

September 29, 2023 1641 Views 0 comment Print

In the case of Talshibhai B Narola vs. ITO, ITAT Ahmedabad ruled that income from nursery activities growing lawns, flower plants, and vegetable plants is agricultural, not business income.

When freight charges were part and parcel of purchase of goods, TDS u/s 194C will not apply

September 28, 2023 6960 Views 1 comment Print

Explore Kalpesh Ganpatlal Patel Vs ITO case involving TDS on freight charges in trading business. Detailed analysis and conclusion of ITAT Ahmedabad’s decision.

Claim already accepted during regular assessment cannot be reassessed u/s 148 without new tangible material

September 28, 2023 2211 Views 0 comment Print

ITAT Ahmedabad held that initiation of reassessment proceedings under Section 148 of the Income Tax Act on the same issue/ claim which was already decided and accepted during the course of regular assessment, without bringing any new material facts on records, is not valid as per law.

Denial of deduction u/s. 80IB(10) unjustified as separate building planning permission obtained for each block

September 28, 2023 840 Views 0 comment Print

ITAT Ahmedabad held that denial of deduction u/s. 80IB(10) of the Income Tax Act alleging non-completion of some blocks unjustified as separate building planning permission were obtained by assessee from Local Authority namely AMC for each Block as a separate housing project.

Conversion of firm to company for consideration of paid up share capital doesn’t amount to transfer

September 26, 2023 1791 Views 0 comment Print

ITAT Ahmedabad held that Sale/ conversion of business of assessee-firm as a going concern to company for consideration of paid up share capital does not amount to transfer liable to tax as capital gains.

Weighted deduction available on all expenditure incurred on in-house research & development facility

September 25, 2023 1377 Views 0 comment Print

ITAT Ahmedabad held that assessee is entitled to claim weighted deduction on all expenditure incurred by it, on in-house research & development facility. Accordingly, restricting claim of weighted deduction u/s 35(2AB) to the extent approved by the prescribed authority i.e. DSIR unjustified.

Initiation of proceedings u/s 147 based on typographical error unsustainable

September 25, 2023 705 Views 0 comment Print

ITAT Ahmedabad held that a typographical error cannot be a reason to believe that the income of the assessee has escape assessment and hence initiation of proceedings under section 147 of the Income Tax Act is unsustainable.

Section 45(3) applies to capital asset transferred to firm by way of capital contribution

September 23, 2023 7416 Views 0 comment Print

ITAT Ahmedabad held that the provision of section 50C of Act cannot be made applicable to transaction of capital assets transferred by assessee to a partnership firm by way capital contribution. Such transaction falls under the provision of section 45(3) of the Income Tax Act.

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