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ITAT Ahmedabad

Deduction for disputed service tax demand eligible in year of payment

May 11, 2022 2913 Views 0 comment Print

Corrtech International Pvt. Ltd. Vs DCIT (ITAT Ahmedabad) The Assessing Officer disallowed the claim of Service Tax on the ground that the said demand was related to earlier years and the said Service Tax liability of the assessee or the recipient was on that point of time disputed by the parties. The Assessing Officer has […]

Section 271E penalty cannot be Levied in absence of Regular Assessment

May 11, 2022 2412 Views 0 comment Print

Penalty under Section 271E is not permissible in the absence of regular assessment framed against the assessee by the Revenue.

Addition for amount received in earlier years cannot be made in subsequent years

May 10, 2022 2298 Views 0 comment Print

Imran Mohammed Iqbal Vs ITO (ITAT Ahmedabad) Considering the above facts, vis-à-vis the outstanding balance relating to M/s. Prakash Gold amounting to Rs. 12,05,026/-, the addition having been made finding it to be bogus, since the consistent finding of fact is that the transaction was entered into by the assessee with the said party not […]

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

May 10, 2022 6678 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 867 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 489 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 684 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 1143 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 20988 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 3309 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 […]

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