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ITAT Ahmedabad

Security services by Trust in confirmation to its objects for general public utility will be considered as “charitable” in Nature

August 14, 2015 768 Views 0 comment Print

In the case of Gujarat Industrial Security Force Society v Dy. DIT (Exemption) it was held that the activity related to providing security services whose objective was to provide employment to youth and retired army personnel will not be treated as business activity but an activity which is charitable in nature.

Cancellation of Registration U/s 12AA(3) should be based on activities of Trust and not of Trustees

August 14, 2015 3967 Views 0 comment Print

In the case of Friends of WWB India Vs The Director of Income Tax (Exemption) Ahmedabad, it was held that registration u/s 12AA cannot be cancelled under the provision of section 12AA(3) unless the activities of trust are not found in accordance with the provision rather than the trustees.

Sec.68- No addition where creditability of creditors established

August 14, 2015 2098 Views 0 comment Print

no addition on account of cash credits be made, where assessee had given PAN of creditors, their confirmation and their bank statement which established their creditability. By following the same judgment, direction issued to AO to delete the addition.

Onus to prove that debts are irrecoverable gets satisfied, once bad debts w/off in books of accounts

August 7, 2015 1075 Views 0 comment Print

ITAT Ahmedabad held In the case of M/s Indu Nissan Oxo Chemical Inds. Ltd. vs. DCIT that the Hon’ble Apex Court in the case of TRF Ltd. vs. CIT reported at (2010) 323 ITR 397(SC) has held that this position in law is well-settled. After 1st April, 1989

Interest free loans extended as quasi capital to 100% subsidiary cannot have nil ALP

August 3, 2015 2578 Views 0 comment Print

In this case ITAT examined that whether Arm’s Length Price (ALP) adjustments will also be warranted in case of interest free loans extended as quasi capital and what are the connotations of expression ‘quasi capital’ in the context of the transfer pricing legislation.

Mere error would not confer jurisdiction to exercise revisional power U/s. 263

July 29, 2015 477 Views 0 comment Print

The condition precedent for exercising the revisional power under section 263 of the Act is that the order under revision should not only be erroneous, but such erroneous order should result in prejudice to the interests of the Revenue.

Penalty u/s 271AAA not justified, if A.O. makes assessment on actual income disclosed u/s 132(4)

July 29, 2015 730 Views 0 comment Print

On this undisclosed income, A.O. vide penalty order, levied penalty of Rs.2.5 crore u/s 271AAA mainly for the reason of non disclosure of the particulars of income in the statement filed u/s 132(4) by the assessee.

Onus to prove Third party documents found during search is on department

July 29, 2015 1005 Views 0 comment Print

Document found during search was a third party document which was neither in the handwriting of the assessee nor bears her signature. Its inference has to be taken as stated by the person who possessed the document.

Provisions of Rule 8D applicable from A.Y. 2008-09 and is not retrospective

July 29, 2015 1145 Views 0 comment Print

AO had disallowed the expenses u/s 14A by applying the rule 8D for the A.Y 07-08 but the assessee argued and gave the supporting of the decided case law by Hon’ble High Court in its own decision in which it was decided that the sec 14A would be applicable from A.Y 08-09

S. 80IB(10) Deduction allowed on additional business income declared post search

July 28, 2015 1567 Views 0 comment Print

ITAT Ahmedabad held in the case Madhav Corporation vs. ACIT that the assessee has earned additional income which amount is disclosed consequence upon the search, hence it partakes the character of business income.

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