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ITAT Ahmedabad

Section 92B- Deemed international transaction- Termination of Option rights under agreement

January 23, 2018 50703 Views 0 comment Print

Vodafone India Services Pvt Ltd Vs. DCIT (ITAT Ahmedabad)  97. The question that we really need to address ourselves to is whether the above arrangement constitutes an ‘international transaction’. However, before we do so, it is only appropriate that we take a look at the relevant definitions under the Income Tax Act, 1961. Section 92 […]

No addition in the hand of Firm for capital introduced by the partner

January 18, 2018 7575 Views 0 comment Print

In the case of The Income-tax Officer vs M/s. Shree Kastbhanjan Dev Developers, the Ahmedabad bench of Income Tax Appellate Tribunal (ITAT) proclaimed in its recent order that firm cannot be assessed for unexplained cash credits in respect of capital introduction by its partner.

Conversion of Agricultural land: Section 50C not apply to business income

January 10, 2018 6720 Views 0 comment Print

The ITAT bench comprising Pramod Kumar (AM) and S. S. Godara (JM) recently confirmed that the sale consideration on agricultural land after its conversion to non-agricultural Land constitutes business income and therefore, section 50C of the Income Tax Act, 1961 cannot be applicable to such cases.

Compensation for resigning is eligible for tax benefit U/s. 10(10B) as Retrenchment Compensation

January 2, 2018 17286 Views 0 comment Print

Right now we are dealing with an employee who is giving up his source of livelihood under the threat of dislocation, and the hyper technical interpretations based on technicalities about the wordings in the settlement deed, signed by him under these compelling circumstances, is being taken as the understanding about assessee’ s actual conduct;

Reference to DVO is mandatory for invoking Section 50C (2 )

December 29, 2017 6813 Views 0 comment Print

Impugned addition u/s.50C(2) of the Act mandates reference to DVO in case an assessee contests the jantri price in question to be higher than fair market value of the relevant capital asset.

Addition for Unutilized Cenvat Credit in absence of income element is ubjustified

December 29, 2017 1563 Views 0 comment Print

Ahmedabad bench of Income Tax Appellate Tribunal (ITAT) comprising of Judicial Member S.S.Godara and Accountant Member Pramod Kumar has deleted the addition under the Income Tax Act in respect of unutilized CENVAT credit.

F&O Transactions on recognized Stock Exchange cannot be treated as Speculative Transaction

December 28, 2017 3510 Views 0 comment Print

Shri Dron Sureshkumar Rao Vs. ITO (ITAT Ahemdabad) F&O business carried out through recognized stock exchange cannot be treated as speculative loss in view of the exceptions carried out under s.43(5) of the Act. As per clause(d) of first proviso to section 43(5) of the Act inserted by the Finance Act, 2005 with effect from […]

Business income or capital gains cannot be decided by merely looking at frequency of transaction in shares

December 27, 2017 3411 Views 0 comment Print

ITAT Ahmedabad ruling on Ankur Scientific vs Dy. CIT case. Assessment of share gains as business income challenged. Disallowance of weighted deduction contested.

TDS Payment: 2 month interest cannot be charged for delay of less than a month

December 23, 2017 15447 Views 4 comments Print

Bank of Baroda Vs. DCIT (ITAT Ahemdabad)-Levy of interest u/s. 201(1A) for the second month can arise only if the period of time between the date on which tax was deducted and the date on which tax was paid to the Government exceeds one month.

No disallowance for monetary benefits given to doctors before 01.08.2012

December 22, 2017 1491 Views 0 comment Print

A.O. disallowed the payment of commission made by the assessee to the above said two doctors namely (i) Dr. Ramanbhai S. Patel Rs. 17,52,130/- and (ii) Dr. Ratilal G. Patel Rs. 23,87,001/- totaling to Rs. 41,39,131/- and added to the total income u/s. 37(1) of the Act.

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