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ITAT Ahmedabad

Carrying Forward of Excess Application of Income When Receipts Are Less to succeeding year allowed

July 20, 2023 1812 Views 0 comment Print

ITAT Ahmedabad held that when application of income is more than receipts of year, excess application of income i.e., expenditure in the hands of the assessee can be carried forward to succeeding Year.

No Disallowance for Short Deduction of TDS under Section 40(a)(ia)

July 20, 2023 9705 Views 0 comment Print

An in-depth examination of the recent ITAT Ahmedabad verdict in the DCIT vs. Shiv Build case. The ruling highlights that no disallowance under Section 40(a)(ia) can be made for the short deduction of tax, creating a precedent for future cases.

Notice u/s 263 in the name of deceased person is invalid

July 19, 2023 1059 Views 0 comment Print

ITAT Ahmedabad held that notice issued under section 263 of the Income Tax Act in the name of a deceased person is invalid. Accordingly, order passed thereon is also invalide in the eyes of law.

Penalty u/s 271(1)(c) of Income Tax Act not imposable in absence of willful concealment

July 19, 2023 894 Views 0 comment Print

ITAT Ahmedabad held that no penalty can be imposed u/s. 271(1)(c) of the Act on account of disallowance of expenses incurred for increase of authorized share capital since no penalty can be imposed when there was no willful concealment.

Addition in case of bogus purchases restricted only to the extent of profit element

July 19, 2023 1740 Views 0 comment Print

ITAT Ahmedabad held that addition in case of bogus purchases are restricted only to the extent of profit element involved on such purchases. Accordingly, CIT(A) correctly restricted addition to the extent of 10%.

Alleged Sham Transaction to avoid Capital Gain Tax: ITAT deletes Addition

July 19, 2023 486 Views 0 comment Print

Overview of the ITAT Ahmedabad’s decision in Babusinh P. Thakor Vs ITO case, including wrongful assessment of tax liability and the implications for future income tax assessments.

Interest earned from nationalized banks not allowable as deduction u/s 80P

July 18, 2023 1569 Views 0 comment Print

ITAT Ahmedabad held that deduction under Section 80P of Income Tax Act, 1961 not allowable on interest income earned from the nationalized banks.

Section 12A: Voluntary Corpus Contribution by Unregistered Trust Not Taxable

July 18, 2023 2205 Views 0 comment Print

ITAT Ahmedabad rules that voluntary contributions received towards a trust’s corpus by an unregistered trust under Section 12A are capital receipts and therefore, not taxable. Explore more about this landmark decision.

Non-Filing of Audit Report (Form 10B) Not an Impediment for Exemption Claims

July 18, 2023 9666 Views 0 comment Print

Detailed analysis of the ITAT Ahmedabad’s ruling in the Hari Gyan Pracharak Trust Vs DCIT case, highlighting the importance of procedural and substantive aspects of audit report filing.

Grant received under Sampoorna Gramin Swarojgar Yogna is not revenue receipt

July 17, 2023 237 Views 0 comment Print

ITAT Ahmedabad held that grant received under Sampoorna Gramin Swarojgar Yogna (SGSY) from Government of Gujarat and interest earned on such grant cannot be treated as revenue receipt. Accordingly, the same is not liable to be taxed.

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