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ITAT Ahmedabad

Contention of assessee not acceptable merely because books are certified by Auditor

December 19, 2022 1809 Views 0 comment Print

ITAT Ahmedabad held that merely because the books of accounts have been subjected to tax audit under Section 44AB of the Act and the Auditor had certified the books of accounts to be in order, the contention made by the assessee cannot be stated to be full proof.

Reopening untenable as no nexus between material and belief of AO of escapement of income

December 19, 2022 1149 Views 0 comment Print

ITAT Ahmedabad held that reopening of assessment unsustainable in absence of nexus between material coming to the knowledge of the AO And formation of his belief of escapement of income.

Mere modus of operandi without supportive material cannot be base for addition

December 19, 2022 1947 Views 0 comment Print

ITAT Ahmedabad held that mere modus of operandi cannot the basis of making the addition or treating the transaction carried out in any share/scrip as bogus until and unless it is supported by the material documents.

Personal savings of a government employee cannot be suspected for several years

December 17, 2022 2049 Views 0 comment Print

ITAT in Piyushbhai Mangalbhai Patel Vs ITO has deleted the addition of Rs. 12,70,000/- observing that personal savings of government employees could not be suspected for several years.

Provision of section 40A(3) doesn’t apply when payment for expenses are made by a person to an agent

December 14, 2022 6402 Views 0 comment Print

ITAT Ahmedabad held that clause (k) of Rule 6DD specifies that where payment for expenses are made by a person to an agent who is required to make payment in cash on behalf of such person, then rigours of section 40A(3) are not applicable.

ITAT condones delay as judiciary not expected to legalize injustice on technical grounds

December 13, 2022 1308 Views 0 comment Print

It must be grasped that judiciary is respected not on account of its power to legalize injustice on technical grounds but because it is capable of removing injustice and is expected to do so.

Time limit in respect of TDS under Section 201(3) applies to residents only

December 13, 2022 1848 Views 0 comment Print

ACIT (Intl. Taxn) Vs Allscripts (India) Pvt. Ltd. (ITAT Ahmedabad) It is pertinent to note that Section 201(3) specifies the time limit in respect of TDS for residents only. The CIT(A) observed that the order dated 25.03.2019 is beyond four years in light of Hon’ble Delhi High Court decision in case of NHK Japan Broadcasting […]

Expenditure claimed against declared undisclosed income allowed as genuineness not doubted

December 13, 2022 2301 Views 0 comment Print

ITAT Ahmedabad held that undisclosed income declared during the course of search is treated as gross income as genuineness of expenditure claimed against the same is not doubted by AO.

Addition unsustainable as genuineness of transaction proved

December 9, 2022 1911 Views 0 comment Print

ITAT Ahmedabad held that assessee has produced many evidences to provide genuineness of the transactions and hence addition confirmed by CIT(A) is liable to be deleted.

Order passed beyond time limit prescribed u/s 153(1) is bad in law

December 8, 2022 6375 Views 0 comment Print

ITAT Ahmedabad held that the Assessing Officer is required to pass the assessment order within the time limit prescribed under section 153(1) of the Income Tax Act and hence any order passed belatedly is unsustainable in law.

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