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ITAT Ahmedabad

Reopening Assessment doubting certain information filed in return is invalid for want of fresh tangible material

November 14, 2015 1138 Views 0 comment Print

The ITAT Ahmedabad in the case of Parul Bhupendra Patel vs. ITO held that reopening of the assessment on the basis of doubting certain information filed in the return of income and reopening assessment on that basis is not valid in law as AO had not obtained any new tangible material to believe that income had escaped assessment.

Section 14A disallowance can be made even if Interest Received is more than Interest Paid

November 13, 2015 1986 Views 0 comment Print

Since the Rule-8D of I.T.Rules, 1962 is not applicable, therefore in our considered view the AO was not justified in applying the Rule 8D for making disallowance. The ld.CIT(A) has given a finding that the assessee was having substantial funds and lesser borrowed funds.

Mere valuation report not sufficient to conclude unexplained investment by Assessee

November 12, 2015 2740 Views 0 comment Print

ACIT Vs. Shri Jayantilal T. Jariwala (ITAT Ahmedabad)- In thie Case Assessing Officer found that assessee had constructed a residential house, B-3, Mamta Flats, Surat and plot No.158/21 GIDC, Pandesara, Surat. The AO was not satisfied with the cost of construction shown

S. 10B Approval received from STPL is proper approval for claiming deduction

November 12, 2015 2437 Views 0 comment Print

Quality BPO Services Pvt Ltd, Vs ACIT (OSD) (ITAT Ahmedabad)- The issue under appeal relates to examination of the claim of assessee under section 10B of the Act at Rs.67,08,733/- which hitherto has been disallowed by the Assessing Officer and further sustained

Associated Enterprises of assessee cannot be taken as comparable for determining ALP as per CUP method

November 11, 2015 1345 Views 0 comment Print

The ITAT Ahmedabad in the case of Gemstone Glass Pvt. Ltd vs. JCIT held that when an associated enterprise is taken as comparable then CUP method cannot be adopted for determining Arm Length Price irrespective of the fact that the associated enterprise taken as comparable is resident or non-resident.

Consultancy services which are not of a technical nature cannot be treated as technical services

November 10, 2015 2317 Views 0 comment Print

ITAT Ahmedabad held In the case of Shell Global Solutions International BV vs. ITO that as clearly stated in the MoU to the Indo US tax treaty, which stands incorporated in the Indo Dutch tax treaty as well by the virtue of MFN clause

Interest on Loan taken for Machinery allowable from the date it put to use

November 7, 2015 2030 Views 0 comment Print

ITAT Ahmedabad held In the case of Ashima Dyecot Limited vs. DCIT that interest on capital borrowed for plant & machinery which already has put to use for commercial production is allowed u/s 36 (1) (iii). In the given case,

Welfare of a particular community can also be a charitable purpose for registration u/s 12AA

November 5, 2015 2340 Views 0 comment Print

The ITAT Ahmedabad in the case of Ranpariya Solanki Sukhadiya Parivar Trust vs. CIT(Exemption) held that the application made u/s 12AA cannot be rejected even a trust’s object is to function in the interest of a particular community

Revision u/s 263 not allowed on matters which already enquired and replied in original assessment

November 5, 2015 1649 Views 0 comment Print

ITAT Ahmadabad held In the case of Adani Port & Special Economic Zone Ltd. vs. ACIT that two circumstances must exist to enable the Commissioner to exercise power of revision u/s 263, namely (i) the order is erroneous

Additions for unexplained investment based on mere DVO report not sustainable

November 4, 2015 1593 Views 0 comment Print

ITAT Ahmadabad held In the case of ACIT vs. Shri Kanakkumar J. Jariwala that mere valuation report is not sufficient to conclude that the assessee has made unexplained investment. From perusal of the assessment

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