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ITAT Ahmedabad

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

May 1, 2022 5298 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 2679 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 4104 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 […]

Section 194J TDS deductible on screening (i.e. DTT test, HPLC test etc.) of Sickle Cell Anemia

May 1, 2022 19833 Views 0 comment Print

Gujarat Sickle Cell Anemia Control Society Vs DCIT (ITAT Ahmedabad) The Income Tax Appellate Tribunal (ITAT), Ahmedabad bench has held that the provisions of TDS under section 194J and 194C of the Income Tax Act, 1961 applicable to the payments made to medical labs and technicians as per an agreement for the screening of sickle […]

Estimation of profit on suppressed sale – ITAT upheld amount determined by Excise Dept

April 30, 2022 3066 Views 0 comment Print

JCIT Vs Simalin Chemical Industries Pvt. Ltd. (ITAT Ahmedabad) he basis of making the addition on account of undisclosed income of the assessee was the cash found during the course of search proceedings by the excise department. There was the physical cash found by the excise department during the course of search amounting to ₹ […]

Section 54 exemption eligible on Expense for making house habitable

April 30, 2022 2187 Views 0 comment Print

Hiren Himmatsingh Rathod Vs ITO (ITAT Ahmedabad) It is a fact that the assessee had incurred the cost for making the new property inhabitable before taking over possession of the same but considering the provision of the act we do not find any embargo in granting relief to the assessee under Section 54 of the […]

Exception to Monetary Limit for filing Appeal not applies if Assessee discloses all about foreign income

April 30, 2022 2673 Views 0 comment Print

JCIT Vs ADF Foods Ltd. (ITAT Ahmedabad) In this case, the assessee himself has claimed that certain payments are covered in provisions of Section 5, 9, 195 of the Act and also under DTAA. Therefore, tax was not applicable. As per this letter, the assessee has explained that it is engaged in the business of […]

No TP adjustment for loan & advance for investment in equity or for benefit in business

April 29, 2022 2130 Views 0 comment Print

Lambda Therapeutic Research Ltd. Vs DCIT (ITAT Ahmedabad) We find that the assessee has not demonstrated any benefit derived from its associated enterprises namely Lambda USA whereas it has advanced interest free loan of EURO 49,999/-. Thus, the question arises whether there is a need to make any adjustment on account of notional interest under […]

Section 147 proceedings invalid as addition was made under section 56 for escapement of income of capital gain

April 29, 2022 3237 Views 0 comment Print

Smt. Nalini Anilbhai Amin Vs DCIT (ITAT Ahmedabad) The proceedings, in the instant case, under section 147 of the Act were initiated by the AO on account of escapement of income of the capital gain generated on the sale of the property. This fact can be verified from the reasons recorded by the AO for […]

Deemed rent concept not applies to property held as stock-in-trade

April 27, 2022 7002 Views 0 comment Print

If property is used as stock-in-trade, then it would become and partake character of stock and any income derived from stock would be ‘income from business’ and not ‘income from house prperty.

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