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ITAT Ahmedabad

Interest cannot be disallowed for mere non-conduct of business 

January 14, 2023 894 Views 0 comment Print

Ardor Chemicals Pvt. Ltd. Vs ITO (ITAT Ahmedabad) It is pertinent to note that though the business was not conducted during the present A.Y., for the purpose of smooth running of the business the assessee has borrowed the amount which was reflected duly in the bank account (Profit & Loss account and Balance Sheet of […]

Secret Commission paid to parties in Cheque Discounting Business was eligible for 50% Deduction

January 13, 2023 2880 Views 0 comment Print

Commission earned by assessee on such “cheque discounting”  was chargeable at 0.25% of total deposits in the bank accounts owned/ operated by the assessee as commission income of the assessee for the assessment year under consideration in absence of details provided by assessee for arriving at any methodology along-with supporting evidence viz. details of beneficiaries, details of middlemen, basis of arriving at commission etc.

Object beneficial to a section of public is an object of general public utility

January 13, 2023 807 Views 0 comment Print

An object beneficial to a section of the public is an object of general public utility. But the section of the community sought to be benefited must be sufficiently defined and identifiable by some common quality of a public order or impersonal nature.

No Section 271(1 )(c) penalty on addition under Section 50C

January 13, 2023 9723 Views 0 comment Print

Assessee not liable for penalty under Section 271(1 )(c) when an addition is being made with the help of deeming provision of Section 50C

Adoption of one possible course doesn’t make order erroneous and revision thereon not permissible

January 12, 2023 678 Views 0 comment Print

ITAT Ahmedabad held that adoption of one of the courses permissible in law which resulted in to loss of revenue cannot be treated as erroneous order and accordingly invocation of revision proceedings u/s 263 unjustifiable.

Addition merely based on SCN issued by Excise Department not sustain if CESTAT decided in favour of assessee

January 12, 2023 1656 Views 0 comment Print

Zirconia Cera Tech Glazes Vs DCIT (ITAT Ahmedabad) ITAT find that in this case the basis of addition is contents of show-cause notice issued by the Excise Department. An investigation was carried out by DGCEI at assessee premises, wherein it was alleged by the Excise Department that assessee has not declared actual assessable value of […]

Car Showroom Renovation expenses allowable as ‘Revenue’ expense

January 12, 2023 1962 Views 0 comment Print

The Assessing Officer issued a show-cause notice why the renovation expenses of four showrooms should not be treated as capital expenditure and allow appropriate depreciation.

Expense having no nexus with Income from other sources cannot be allowed

January 12, 2023 840 Views 0 comment Print

Nirav Dilipkumar Desai Vs ITO (ITAT Ahmedabad) The Assessing Officer observed that the assessee has shown Rs. 11,86,798/- under the head “income from other sources” and in the schedule of other sources. The assessee has shown Rs. 41,15,221/- and claimed expenses of Rs. 29,28,423/-. The Assessing Officer further observed that the expenses claimed has no […]

No deduction u/s 37(1) for expenses incurred by doctor on organizing musical programme, sponsoring garba event and gifts to fellow doctors

January 9, 2023 1695 Views 0 comment Print

Expenses incurred by assessee-doctor on organizing musical programme for his professional colleagues, sponsoring garba event organized in the society where he resided and gifts given to fellow doctors on the occasion of marriage or diwali could not be said to be allowable under section 37 for computing his taxable income as all these expenses, could not be said to have been incurred wholly and exclusively for the profession of the assessee so as to qualify for deduction u/s 37(1).

Receipt of amount via banking channel doesn’t make transaction genuine

January 8, 2023 4641 Views 0 comment Print

ITAT Ahmedabad held that mere receipt of amount via banking channel doesn’t make the transaction as genuine. Addition u/s 68 of the Income Tax Act sustainable because of non-establishment of identity of creditor, genuineness of transaction and credit worthiness of the parties.

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