Follow Us:

ITAT Ahmedabad

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

December 27, 2017 3459 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 15495 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 1506 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.

Addition for interest U/s. 244A cannot be made in absence of intimation regarding grant of interest

December 21, 2017 1422 Views 0 comment Print

Since assessee had not been served with any intimation or any other communication regarding the grant of interest under section 244A for assessment year 2009-10 and refund in question had been directly credited by department to bank account, the amount of interest had been provided in financial year 2015-16 on receiving of information from AO, therefore, addition being interest under section 244A could not be made by the AO.

Addition of Interest on NPA on accrual basis not justified as banks to recognise such income on Cash basis

December 21, 2017 2616 Views 0 comment Print

The Suvikas Peoples’ Co-op. Bank Ltd. Vs. ACIT (ITAT Ahemdabad) Essence the RBI Directions, 1998 are prudential/ provisioning norms issued by RBI under Chapter IlI-B of the RBI Act, 1934. These norms deal essentially with income recognition. They force the NBFCs to disclose the amount of NPA in their financial accounts. They force the NBFCs […]

Assessment U/s. 147 not become invalid for satisfaction of Reasons recorded by both CIT & JCIT

December 17, 2017 2646 Views 0 comment Print

Merely because an even higher authority has expressed similar satisfaction does not obliterate the satisfaction of appropriate authorities.

Allowability of Investment in new asset after furnishing of return U/s. 54

December 10, 2017 2214 Views 0 comment Print

ITAT Ahmedabad clarifies Section 54: Exemption on capital gains for new property. Extended filing, capital gain scheme explained. Case details.

Assessment order not become nullity for mere non-issue of notice upon legal heirs

December 9, 2017 1707 Views 0 comment Print

The ld.counsel for the assessee while impugning the orders of Revenue authorities took us through section 159 of the Income Tax Act, 1961 and pointed out that as per sub-section (2) of section 159 notice upon legal heirs ought to have been issued by the AO, which the AO has failed to do so, and therefore, the assessment order is a nullity and deserves to be quashed.

Addition based on Fake Sale deed is not sustainable

December 9, 2017 1830 Views 0 comment Print

The fact of the second sale was denied and the same arguments were put forth, namely that (i) the assessee had no knowledge of the second deal and (ii) the purchasers of the property Kanekleta Umengbhai Thakker and Umangbhai HiralalThakker had filed affidavits stating that they paid only Rs.3.70 crores and that the sale deed of Rs. 1.37 crores was executed by mistake.

May be Right Thing done in Wrong Manner

December 4, 2017 1566 Views 0 comment Print

Background It is a matter relating to validity of re-opening of assessment on a technical ground in the case of Mayurbhai Mangaldas Patel v ITO. The learned Ahemdabad ITAT Bench has noted all the facts and circumstances of the case and the law as applicable in very clear manner. It has kept some issues open […]

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031