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ITAT Ahmedabad

Non-filing of return vis-à-vis cash deposit found in AIR, notice u/s 148 sustainable

June 13, 2022 2154 Views 0 comment Print

Sanjaykumar Gangaram Patel Vs ITO (ITAT Ahmedabad) Return not filed, however, cash deposit was found in AIR. Accordingly, AO issued notice u/s 148. Addition on cash deposited in bank account, opened with the assessee’s wife, is sustainable. Facts- The assessee is an individual. For AY 2006-2007, assessee has not filed a ROI. Annual Information Return […]

ITAT deletes Penalty related to addition for Gift from Mother

June 12, 2022 1431 Views 0 comment Print

ITAT Ahmedabad cancels penalty on Anisha R. Dhanani. Unexplained cash credit addition lacked accurate particulars. Bona-fide explanation considered.

Matter restored back as AO determined in breach of instructions no. 15/2015

June 11, 2022 813 Views 0 comment Print

Jay Chemical Industries Ltd. Vs DCIT/ACIT (ITAT Ahmedabad) Facts- Primarily three issues involved in these cross appeals are – (i) relating to transfer pricing adjustment made on account of determination of Arm’s Length Price of the reimbursement made by the assessee to its Associate Enterprise (AE) in lieu of cost sharing agreement entered into with […]

Section 271F penalty justified for non-filing of Return despite section 148 notice

June 5, 2022 15192 Views 0 comment Print

Assessee contended that CIT(A)  erred in confirming levy of penalty under section 271F of the Income Tax Act, 1961 of Rs. 5,000 for failure to file return of income in response to the notice issued under section 148.

Section 50C not applies to Business Transactions

June 4, 2022 3147 Views 0 comment Print

ITO Vs Kanubhai M. Patel (ITAT Ahmedabad) Pune Tribunal in the case of Dilip Battu Karanjule v. ITO [2016] 74 taxmann.com 12 (Pune – Trib.) held that where assessee identified land on behalf of existing and known persons and entire money towards purchase of land had been financed by such persons to whom land was ultimately […]

Income Tax payable on mere Transfer of marketing/ distribution right

June 3, 2022 1506 Views 0 comment Print

DCIT Vs Ambalal Sarabhai Enterprises Ltd. (ITAT Ahmedabad) Facts- The assessee Company is mainly engaged in the manufacture of drugs & pharmaceuticals. The assessee Company filed ROI on 31.10.2001 declaring income from house property Rs.9,036/-, income from other sources Rs.1,25,40,914/- and business loss of Rs.10,26,63,568/-. AO made addition in respect of buying commission to Teknoserve […]

Existing hardware/software maintenance expense is revenue expense

June 3, 2022 2754 Views 0 comment Print

Expenditure on maintenance, back-up and support services to existing hardware and software is revenue in nature, and therefore allow the expenditure as revenue in nature.

Limited scrutiny- AO cannot go beyond dispute raised in section 143(2) notice

May 23, 2022 7389 Views 0 comment Print

Jurisdiction of AO in cases where section 143(2) notices issued for limited scrutiny is confined to claims AO set out in notice

Competent authority not prescribed for measurement of distance between municipal limit and agricultural land

May 17, 2022 8082 Views 0 comment Print

There is no specific authority who has been designated as being the ‘competent authority’ to measure distance between the land sold and the municipal limits.

Section 69A Additions for mere non-cooperation with dept not justified

May 11, 2022 2145 Views 0 comment Print

Revenue cannot make the additions under Section 69A for the reason that assessee has not cooperated with the department.

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