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ITAT Ahmedabad

CIT(A) should dispose of appeal on merits even if assessee is not interested in pursuing appeal

May 10, 2022 6600 Views 0 comment Print

Tejas Karshanbhai Dari Vs ITO (ITAT Ahmedabad) IYTAT held that  Ld. CIT(A) has not approached the matter judiciously and has dismissed the appeal of the assessee, by rejecting the application for condonation of delay, without assigning any specific reasons why the delay in filing appeal should not be condoned. There is no allegation to the […]

No prohibition for NRI for accepting gifts from relatives- ITAT deletes addition

May 9, 2022 840 Views 0 comment Print

There is no prohibition for the NRI for accepting the gifts from the relatives. In the absence of any prohibition, no adverse inference can be drawn against the assessee based on the prevailing system in the society.

ITAT deletes Section 56 addition for 1% difference in Valuation of Shares

May 9, 2022 456 Views 0 comment Print

Suzuki Suiting Pvt. Ltd. Vs I.T.O (ITAT Ahmedabad) Admittedly, the difference in the price of the share issued by the assessee and its fair market value and calculated and certified by the C.A. is barely 1% of its total value. The difference being Rs. 2.81 against the share value of Rs. 200/-, it is meager […]

Reasonable view of AO cannot be displaced in revisionary proceedings by any untenable or debatable view

May 8, 2022 633 Views 0 comment Print

A.O. had rightly endorsed the corroborated claim of the assessee in this regard, the PCIT, in our view, has attempted to substitute his wisdom by views of the A.O. without any definite basis. If the view of the PCIT towards the banakhat allegedly hollow or unenforceable is accepted, no income can be recognised at all.

ITAT directs AO to look into additional evidences – Closure of business reasonable cause

May 6, 2022 1101 Views 0 comment Print

Balex Private Ltd. Vs ACIT (ITAT Ahmedabad) Ld. AR further submitted during the set-aside assessment proceeding the address to where notices alleged to have been served remained vacant and therefore, the assessee could not reply to the notices issued by the AO. The assessee came to know about the issuance of notice when the Authorised […]

ITAT explains Tax on renouncement of Rights Shares In Favour of Assesse

May 6, 2022 20814 Views 0 comment Print

Jigar Jashwantlal Shah Vs ACIT (ITAT Ahmedabad) Now, we shall deal with the issue of whether section 56(2)(vii)(c) of the Act can be invoked in respect of additional 82,200 shares received by the assessee since the assessee’s wife and father did not exercise the rights issue and renounced the right in favour of the assessee. […]

Depreciation cannot be denied merely for Registration of cars in directors name

May 6, 2022 3243 Views 0 comment Print

Shivam Water Treaters Pvt. Ltd. Vs ACIT (ITAT Ahmedabad) The 1st issue that arises for our consideration whether the assessee is eligible to claim the depreciation on the purchase of cars in the manner as provided under section 32 of the Act. To claim the depreciation under section 32 of the Act, the following conditions […]

Typographical error in Tax Audit Report: ITAT remits matter back to NFAC

May 1, 2022 5235 Views 0 comment Print

Atulbhai Ravjibhai Patel Vs DCIT (ITAT Ahmedabad) Regarding the issue raised with respect to the excess disallowance of Rs.14,16,000/- be deleted as it is attributed due to arithmetic error, the assessee by way of his submission submitted that there was a typographical error in reporting the details of the employees’ contribution to PF in the […]

Section 40A(3) gets attracted if payment in a Single day though separate cash memos exceeds the limit

May 1, 2022 2655 Views 0 comment Print

ITO Vs Rahul Bharatbhushan Jain (ITAT Ahmedabad) Therefore, for applicability of s. 40A(3) of the Act, if a person makes different payments in cash to same person in excess of Rs 20,000 (w.e.f. A.Y. 2018-19 Rs 10000/-) in a single day even though on separate cash memos, such aggregate payment will be disallowed u/s 40A(3). […]

Vehicles let on hire eligible for higher depreciation

May 1, 2022 4071 Views 0 comment Print

DCIT (OSD) Vs Jaihind Projects Ltd. (ITAT Ahmedabad) It is a settled law that vehicles let on hire are eligible for higher depreciation, but in the instant facts, in our view there are apparent factual contradictions which leads us to conclude that the assessee has not been able to irrefutably establish whether vehicles were let […]

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