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Courts: ITAT Ahmedabad

2,451 articles
Income TaxIf Quantum appeal restored back to AO for de novo adjudication then penalty proceeding too deserves to be restored back
Income Tax

If Quantum appeal restored back to AO for de novo adjudication then penalty proceeding too deserves to be restored back

TG Team15 years ago
Income TaxCIT (A) cannot pass the order without adjudicating on the plea of the Assessee
Income Tax

CIT (A) cannot pass the order without adjudicating on the plea of the Assessee

TG Team15 years ago
Income TaxOnly Death Certificate of lender is not sufficient to to prove the identity of the lender, genuineness of the transaction and creditworthiness of the lender
Income Tax

Only Death Certificate of lender is not sufficient to to prove the identity of the lender, genuineness of the transaction and creditworthiness of the lender

TG Team15 years ago
Income TaxIn case the AO finds that practically the land has been bought by the Developer and Developer has all dominant control over the project and has developed the land at his own cost and risks, the AO should allow the deduction to the assessee u/s 80IB(10)
Income Tax

In case the AO finds that practically the land has been bought by the Developer and Developer has all dominant control over the project and has developed the land at his own cost and risks, the AO should allow the deduction to the assessee u/s 80IB(10)

TG Team15 years ago
Income TaxFor under Construction Flat Purchased from Builder date of allotment crucial for calculating Capital Gain and deciding Long Term or Short Term
Income Tax

For under Construction Flat Purchased from Builder date of allotment crucial for calculating Capital Gain and deciding Long Term or Short Term

TG Team15 years ago
Income TaxNo interest levy despite short deduction of taxes if reasons are bona fide and the shortfall is nominal
Income Tax

No interest levy despite short deduction of taxes if reasons are bona fide and the shortfall is nominal

TG Team15 years ago
Income TaxWhen the assessee-society acts as an intermediate between the company and the members of the society, and the fact that there is no relationship between the assessee and its members as contractor and contractee, section 194C does not get attracted and no disallowance could be made u/s 40(a)(ia)
Income Tax

When the assessee-society acts as an intermediate between the company and the members of the society, and the fact that there is no relationship between the assessee and its members as contractor and contractee, section 194C does not get attracted and no disallowance could be made u/s 40(a)(ia)

TG Team15 years ago
Income TaxWhether the penalty can be levied u/s 271D / 271E for the amount received and repaid in cash in the hands of the assessee company though as per the statement of the lender the amount was given to and repaid by the directors in their individual capacity
Income Tax

Whether the penalty can be levied u/s 271D / 271E for the amount received and repaid in cash in the hands of the assessee company though as per the statement of the lender the amount was given to and repaid by the directors in their individual capacity

TG Team15 years ago
Income TaxScrap not generated out of manufacturing activities carried out by assessee-Whether tax deductible under section 206C
Income Tax

Scrap not generated out of manufacturing activities carried out by assessee-Whether tax deductible under section 206C

TG Team15 years ago
Income TaxRetraction of statement cannot be made even without any strong supporting evidence and mere mention of ill health not sufficient to disprove the contents of nine month old statement
Income Tax

Retraction of statement cannot be made even without any strong supporting evidence and mere mention of ill health not sufficient to disprove the contents of nine month old statement

TG Team15 years ago
Income TaxSection 40 (a) (ia) applies even in respect of amount paid & not merely payable to contractors
Income Tax

Section 40 (a) (ia) applies even in respect of amount paid & not merely payable to contractors

TG Team15 years ago
Income TaxExpenses incurred for maintenance of building structure owned by the assessee and for the safety of the employees is revenue in nature
Income Tax

Expenses incurred for maintenance of building structure owned by the assessee and for the safety of the employees is revenue in nature

TG Team15 years ago
Income TaxIn view of the provisions of section 112 where there are several transactions of sale and purchase of securities, the discretion to take the benefit of indexation lies with assessee
Income Tax

In view of the provisions of section 112 where there are several transactions of sale and purchase of securities, the discretion to take the benefit of indexation lies with assessee

TG Team15 years ago
Income TaxIf directors  admitted that installed capacity has not enhanced, then same cannot be contradicted by a report of the CA to claim additional depreciation
Income Tax

If directors admitted that installed capacity has not enhanced, then same cannot be contradicted by a report of the CA to claim additional depreciation

TG Team15 years ago