Smt. Manjulaben C. Tomar Vs ITO (ITAT Ahmedabad) The present application filed by the assessee seeks restoration of the appeal filed by the assessee in ITA No.956/Ahd/2012, pertaining to A.Y 2006-07 which was dismissed for want of prosecution vide order dated 27.03.2017. We have noted that the said appeal was disposed off without dealing with […]
Held that condonation of delay in filing appeal granted in the interest of justice as the revenue didn’t refuted the contention of the assessee that he had no knowledge or order being passed.
Samarath Realities Vs DCIT (ITAT Ahmedabad) To sum up, the main arguments of the assessee are that the land cost varies from block to block and therefore the same is variable. The cost of land gets allocated through registered sale deed and the same is transferred to the land owner. The assessee of the project […]
The claim of the Department was prior to the date of Resolution Plan approved by the NCLT, and therefore, the present income tax proceedings is hit by section 31(1) of Insolvency and Bankruptcy Code, 2016, which has overriding effect vis-à-vis the Income Tax Act, 1961.
As per the Hindu Law every member of HUF has a pre-existing right in the property of the HUF and any amount given to a member therefore from the HUF property tantamounts to only giving him what actually belonged to him and there is no question therefore of the same being any amount given for no consideration or in the nature of gift, which are covered in the scope of Section 56(2)(vii) of the Act.
DCIT (E) Vs Electronics & Quality Development Centre (ITAT Ahmedabad) Insofar as the grant of Rs.6,18,22,000/- received by the assessee-trust from the Government of Gujarat is concerned, it is observed that the said grants were directly taken by the assessee-trust to the corpus funds in the balance-sheet. The Assessing Officer, however, did not accept this […]
In the absence of a statutory provision the duty cannot be cast upon legal representative to intimate factum of death of assessee to department and thus, where AO issued a notice to the assessee under Section 148 of the Act after his death and in such a case it could not have been validly served upon the assessee the said notice being invalid is required to be quashed
Society For Dental Health Vs ITO (ITAT Ahmedabad) On perusal of the findings of the Ld. CIT(E) and the contentions of the assessee, we find that while assessee had included endowment funds grants received from the Government in its total receipts to demonstrate that it was substantially financed by the Government, Ld. CIT(E) has excluded […]
Sports Authority of Gujarat Vs DCIT (ITAT Ahmedabad) This ground of the assessee relates to the claim of deduction on depreciation against income from interest which according to the assessee qualifies as income from business or profession. Having held that the income from interest qualifies as ‘income from other sources‘ in the preceding paragraphs, the […]
There was no ill-motive behind for not filing appeal in time and assessee had also filed affidavit, stating the reasons and requested Tribunal to condone the delay which occurred due to administrative lapse on part of his representative.
