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ITAT Ahmedabad

ITAT deletes arbitrary & highly immaterial addition for undervaluation of stock

June 24, 2022 1086 Views 0 comment Print

Explore the ITAT Ahmedabad ruling in Chirai Salt (India) Pvt. Ltd case. In-depth analysis of the stock undervaluation dispute, challenges to methods, and successful deletion of additions.

CIT cannot invoke revisionary powers to impose his own understanding of extent of inquiry

June 24, 2022 612 Views 0 comment Print

The issue in the present case relates whether the assessment order has been passed by Ld. AO without making inquiries or verification with respect to the deduction/exemption claimed under section 54 of the Act as discussed above and hence the assessment is erroneous insofar prejudicial to the interest of the Revenue and thus requiring revision by Pr. CIT u/s 263 of the Act.

No Section 40(a)(ia) disallowance when TDS been deducted & paid before due date of filing of return

June 24, 2022 978 Views 0 comment Print

Read about the ITAT Ahmedabad’s ruling in ITO vs. Yagnesh Dayabhai Vyas, where disallowance under Section 40(a)(ia) was deemed unjust when TDS was duly deducted and paid before the return filing deadline.

Interest already taxed cannot be taxed again for TDS deduction

June 24, 2022 1671 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 1269 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 1143 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 2310 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 4188 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 4209 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 636 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: […]

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