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ITAT Ahmedabad

Addition based on Information from NSE not valid if Assessee not given sufficient time

January 8, 2023 1065 Views 0 comment Print

Lilaben Bhagabhai Patel Vs ITO (ITAT Ahmedabad) CIT(A) has categorically observed that the print out of share trading from the brokers related to share transaction statement was unsigned documents and the Assessing Officer has taken the loss on the basis of information provided by National Stock Exchange, Bombay. It is pertinent to note that the […]

Interior expenses on rented premises cannot be categorized as capital in nature

January 8, 2023 5556 Views 0 comment Print

Ved Indian Heritage Haat Foundation Vs ITO (ITAT Ahmedabad) Admittedly, the assessee is running its business from the rented premises which was taken for the lock in period of 60 months. Furthermore, in the rent agreement, there was the clause of renewal of the agreement. Accordingly, AO was of the view that the expenditures incurred […]

Shares can be hold as both investment and stock-in-trade

January 8, 2023 5763 Views 0 comment Print

ITAT Ahmedabad held that as per CBDT circular no. 4/2007 dated 15.6.2007 and 6/2016 dated 29-2-2016, person can hold shares as both investment and stock-in-trade Accordingly income will be taxable based on the type in which share is hold.

Transaction charges incurred wholly and exclusively for business is allowable expenditure

January 7, 2023 2481 Views 0 comment Print

ITAT Ahmedabad held that the transaction charges are actually additional cost of funds raised for the purpose of business Hence expenditure incurred on account of the same was wholly and exclusively for the purpose of business.

Levy of penalty u/s 271(1)(c) unsustainable as matter debatable

January 6, 2023 1746 Views 0 comment Print

ITAT Ahmedabad held that in an identical matter, jurisdictional High Court ruled the matter in favour of the assessee, however, later on Apex Court held otherwise. Accordingly, the issue was debatable do to which levy of penalty u/s 271(1)(c) of the Income Tax Act is unsustainable.

Exception to Trust cannot be denied merely for delay in filing audit report in prescribed form

January 6, 2023 6834 Views 0 comment Print

ITAT held that assessee cannot be denied benefit of exemption for which it is entitled merely on the lapse of procedural requirement i.e. delay in filing audit report in prescribed form.

No section 69 addition for duly explained & genuine cash deposit in bank

January 2, 2023 1491 Views 0 comment Print

Dashrathbhai Shivabhai Chaudhary Vs ITO (ITAT Ahmedabad) The assessee is engaged in farming and trading of milk and seeds. As per the information made available, the assessee made cash deposit of Rs. 21,95,000/- with Saving Bank Account. Being agricultural and the agricultural income is exempt the assessee did not file any return of income under […]

Reopening based on show cause issued by Excise Department not justified

January 2, 2023 729 Views 0 comment Print

DCIT Vs Crystal Glaze (ITAT Ahmedabad) ITAT considered judgment passed by the Co-ordinate Bench in case of Zirconia Cera Tech Glazes vs. DCIT wherein addition was made only on basis of show cause notice issued by Excise Department against assessee alleging that assessee was engaged in undervaluation of sales and clandestine removal of goods and […]

Rejection of appeal on technical ground amounts to denial of principles of natural justice

January 1, 2023 2790 Views 0 comment Print

Simply rejecting on a technical ground amounts to denial of principles of natural justice to the assessee. Therefore, we are remanding back the appeal to the file of the CIT(A) for proper adjudication on merit.

No disallowance of interest when Interest-free advances been made out of interest-free funds

January 1, 2023 1368 Views 0 comment Print

Chetankumar Raojibhai Patel Vs DCIT (ITAT Ahmedabad) Sole issue in the present appeal relates to disallowance of interest expenditure under section 36(1)(iii) of the Act. Since the assessee has demonstrated the availability of sufficient own funds for the purpose of making interest free funds, the issue, we find, is squarely covered by the decision of […]

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