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ITAT Ahmedabad

Income assessed at 1% on cricket betting in absence of satisfactory explanation

July 16, 2022 855 Views 0 comment Print

Held that AO correctly estimated the income of the assessee at 1% of the total transactions of cricket betting as found recorded in the laptops seized

ITAT denied Section 11 & 12 exemptions for failure to File Form No. 10B Electronically

July 15, 2022 3069 Views 0 comment Print

Ahmedabad ITAT dismisses Ambica Trust’s appeal as it failed to electronically file Form 10B for exemptions under sections 11 and 12 of the Income Tax Act.

Section 263 order not valid for land vacation compensation issue already examined by AO

July 15, 2022 555 Views 0 comment Print

Issue relating to the land vacation compensation charges claimed by the assessee in the year under consideration was duly examined by the Assessing Officer by making the necessary inquiries and after satisfying himself on perusal of the relevant details and documents placed on record by the assessee

Penalty u/s 271(1)(c) unsustainable on suo moto reversal of excess depreciation

July 14, 2022 2496 Views 0 comment Print

Held that the addition made on account of excess depreciation claimed, having been surrendered by the assessee itself without any prior detection by the Revenue, the excess claim having been demonstrated to have been made for bonafide reasons, it is surely not a case for levy of penalty at all.

Trademark registration expenditure is revenue expenditure

July 14, 2022 6747 Views 0 comment Print

Held that the expenditure incurred on mere registration of trade-mark is a revenue expenditure

TDS not deductible on freight charges if PAN of Company provided for its proprietary concern

July 10, 2022 870 Views 0 comment Print

DCIT Vs Vinod Chimanlal Modi (ITAT Ahmedabad) It is observed that sufficient documentary evidence was placed on record by the assessee before the learned CIT(A) to establish that M/s. S.S. Enterprises is a proprietary concern of M/s. Gunesh India Pvt. Ltd. and on the basis of the same, a finding was recorded by the leaned […]

Section 10(37) applicable to acquisition of agricultural land by Government

July 10, 2022 2253 Views 0 comment Print

ITO Vs Jitendra Shanabhai Patel (ITAT Ahmedabad) CIT(A) observed that there was no large number of purchase and sale of land by the assessee. In fact, the acquisition of agricultural land owned by the assessee was done by the Government and thus Section 10(37) of the Act are attracted. As regards consideration of the rural […]

TDS provisions not applicable to late fee and service tax

July 10, 2022 477 Views 0 comment Print

Since, the said amount pertains to late fee and service tax, therefore the provisions of TDS does not apply to the late fee and service tax, hence we delete the addition of Rs.10,48,125/-, made by the Assessing Officer.

No addition on basis of assessee debited service tax in P& L account however not credited receipts in its books.

July 5, 2022 996 Views 0 comment Print

Mere fact that assesse had separately debited service tax in it profit and loss account and not credited the same in its profit and loss account could not be the reason or basis for stating that assessee had not credited these receipts in its books as it was to be presumed included in the sales price.

No section 271(1)(c) penalty for Mere Disallowance of section 54F Claim

July 3, 2022 2676 Views 0 comment Print

ITO Vs Ashif Mehbbobelahi Rushnaiwala (ITAT Ahmedabad) CIT(A) deleted the penalty levied on the disallowance of exemption u/s 54F of the Act noting that the assessee had furnished all particulars relating to the claim of exemption by way of investment in residential properties, that the claim was made under the boanfide belief that all investment […]

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