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ITAT Ahmedabad

Interest already taxed cannot be taxed again for TDS deduction

June 24, 2022 1638 Views 0 comment Print

Explore the ITAT Ahmedabad decision in Ramanlal Jawanmal Shah HUF vs. ACIT-CPC. Learn why accrued interest income, taxed earlier, can not be taxed again to prevent double taxation.

Penalty not survive if Assessment Order held to be void ab initio

June 24, 2022 1227 Views 0 comment Print

ACIT Vs Rameshbhai Jivrajbhai Desai (ITAT Ahmedabad) During the course of assessment proceedings, the Assessing Officer initiated penalty proceedings under Section 271(1)(c) of the Act. The Ld. AR submitted that the assessment order passed under Section 153A of the Act was held to be void ab initio and thus there is no addition in the […]

Section 271(1)(c) Penalty not imposable if notice not Specify the Limb

June 23, 2022 1095 Views 0 comment Print

It has been held that notice issued by AO should specify which limb of Section 271(1)(c) of the Act penalty proceedings has been initiated.

Peak calculation method is applied for computing profit from unaccounted cash sales

June 23, 2022 2262 Views 0 comment Print

Held that the correct method is applying peak calculation method to compute the profit from the unaccounted cash sales made by the assessee.

Section 10(10D) On maturity of life insurance policy only net income is chargeable to tax

June 23, 2022 4074 Views 0 comment Print

On maturity of life insurance policy, where section 10(10D) does not apply, it is only the net income which is chargeable to tax in the hands of the assessee.

Additions on grounds not forming part of reasons for reopening assessment not sustainable if no addition based on reason for reopening

June 23, 2022 4113 Views 0 comment Print

Indian Redcross Society Vs ITO (ITAT Ahmedabad) We note that the Ld. Assessing Officer has not made any additions and nor even discussed the issue on the basis of which the reassessment proceedings were initiated. The assessee had pointed out that the Ld. Assessing Officer had committed a factual inaccuracy by stating that a sum […]

Penalty leviable on bogus loss offered for taxation after detection

June 23, 2022 615 Views 0 comment Print

Gujarat Smelting & Refining Co. Ltd. Vs ITO (ITAT Ahmedabad) The assessee cannot be absolved from the penalty merely on the reasoning that it has agreed for the addition/disallowance during the quantum proceedings. The Hon’ble Supreme Court in the case of MAK Data Private Ltd versus CIT reported 38 com 448 has held as under: […]

ITAT imposes Cost of Rs. 5,000 for Negligent Attitude of assessee

June 23, 2022 480 Views 0 comment Print

Hashesh V. Patel (HUF) Vs ITO (ITAT Ahmedabad) ITAT consider it fair and proper and in the interest of justice to give one more opportunity of being heard to the assessee. However, keeping in view the casual and negligent attitude of the assessee especially during the course of assessment proceedings, ITAT impose a cost of […]

Adjustment on debatable issue not permitted in section 143(1)(a) intimation

June 22, 2022 1929 Views 0 comment Print

City Manager Association Ahmedabad Municipal Corporation Vs DCIT (ITAT Ahmedabad) Let us consider the scope of section 154 for making prima facie adjustment while processing return under section 143(1)(a) of the Act i.e. process of dealing with the return is an ex parte process. It is pertinent to observe that whenever any debatable issue is […]

ITAT upheld disallowance of losses by client code modification

June 22, 2022 954 Views 0 comment Print

Chandresh Luniya Vs ITO (ITAT Ahmedabad) The facts in brief are that the assessee in the present case is an individual and engaged in the activity of derivative business of shares and securities. In the present case it was found by the AO that the assessee has obtained the benefit of accommodation entries by way […]

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