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ITAT Ahmedabad

Delay Condoned, Re-adjudication Ordered for Uneducated Farmer

July 17, 2023 879 Views 0 comment Print

Analysis and insights into the ITAT Ahmedabad ruling on the appeal of Rameshbhai Patel against the NFAC order regarding unexplained money and procedural errors in the tax assessment for the year 2012-13

ITAT Remands Interest Calculation on Income Tax Tax Refund to AO

July 16, 2023 903 Views 0 comment Print

Kapilaben Kanjibhai Patel Oral Specific Deferred Family Trust Vs ITO (ITAT Ahmedabad)- Case involves calculation of interest on income tax refund under Section 244A of Income Tax Act. ITAT remands matter back to Assessing Officer for proper verification and calculation.

Assessee cannot be held accountable for Client Code Modification Error by Broker

July 16, 2023 996 Views 0 comment Print

The Ahmedabad ITAT overturned a decision by the CIT(A), ruling in favour of Ketan M. Chalishazar HUF on an error made by his broker during a share transaction. The tribunal highlights the importance of accurate code modifications.

Section 80P: Commercial Activity Income Ineligible for Deduction

July 16, 2023 1617 Views 0 comment Print

Review the details and consequences of the ITAT Ahmedabad’s ruling in Jetalpur Seva Sahkari Mandali Limited vs DCIT that income from commercial activity cannot be claimed as a deduction under Section 80P of the Income Tax Act.

Section 147 Assessment Invalid if Based on Cash Deposit Information Alone

July 15, 2023 4308 Views 0 comment Print

In a significant ruling, ITAT Ahmedabad deemed an assessment under Sec 147 of the Income Tax Act, based solely on cash deposit information, as invalid in the case of DineshkumarDalsangbhai Chaudhary Kankavati Society Vs ITO.

Mere passport insufficient to confirm assessee’s US tax residency

July 14, 2023 702 Views 0 comment Print

An in-depth analysis of the case Parag Bhikhubhai Patel vs ITO, exploring implications of using passports to confirm US tax residency for NRIs under India-USA Tax Treaty

Addition u/s 68 unsustainable as onus with respect to receipt of share application money discharged

July 12, 2023 498 Views 0 comment Print

ITAT Ahmedabad held that the assessee has discharged the onus cast under section 68 of the Act with respect to receipt of share application money. Accordingly, addition under section 68 of the Income Tax Act not sustained.

Renting income from business of letting out house properties is taxable as business income

July 11, 2023 8916 Views 0 comment Print

ITAT Ahmedabad held that assessee was engaged in business of leasing out its house properties to earn rent, income so earned as rent should be treated as business income, and not as income from house property.

When AO of searched person and other person is same there is no requirement to record satisfaction

July 11, 2023 1137 Views 0 comment Print

ITAT Ahmedabad held that when AO of searched person and other person is same, there is no mandatory requirement for AO of searched person to record satisfaction of material having found belonging to the person for valid jurisdiction under section 153C of the Income Tax Act.

Gift from aunt shown as credits to capital account cannot be added as unexplained credits

July 7, 2023 669 Views 0 comment Print

ITAT Ahmedabad held that addition as unexplained credits to capital account unsustainable as gift from assessees aunt shown as credits to capital account.

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