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ITAT Ahmedabad

Re-verify Section 69C interest expense disallowance: ITAT Ahmedabad

October 30, 2024 525 Views 0 comment Print

ITAT Ahmedabad held that disallowance of interest expense by treating the same as unexplained expenditure under section 69C of the Income Tax Act needs re-verification. Accordingly, matter send back to the file of jurisdictional AO.

TP assessment by TPO proceeded on incorrect appreciation of nature of service hence matter restored back

October 29, 2024 225 Views 0 comment Print

ITAT Ahmedabad held that the TP assessment carried out by the TPO proceeded on the basis of incorrect appreciation of nature of services availed by the assessee from its AE. Thus, issue of determination of ALP of transactions with AE restored back to TPO.

ITAT Remands Case to AO for Fresh Adjudication on Loan Credibility

October 29, 2024 264 Views 0 comment Print

ITAT Ahmedabad directs AO to reassess Vallabh Pesticides’ loan and credit entries, emphasizing a fresh review of evidence and loan credibility under Section 68.

ITAT Deletes Cash Credit Addition Due to No Adverse Findings in remand report

October 29, 2024 369 Views 0 comment Print

ITAT Ahmedabad upholds CIT(A)’s ruling dismissing Revenue’s appeal on unexplained cash credits. Genuineness confirmed in remand report for A.Y. 2016-17.

Section 13(1)(b) applies at assessment stage; Section 12AB registration allowed

October 29, 2024 3456 Views 0 comment Print

ITAT Ahmedabad allows registration under section 12AB, clarifying that section 13(1)(b) applies only at the assessment stage.

Deposit to Prime Minister’s Relief Fund directed for non-compliance on part of assessee: ITAT Ahmedabad

October 28, 2024 471 Views 0 comment Print

ITAT Ahmedabad held that AO and CIT(A) confirmed the addition since there was non-compliance on the part of the assessee. Thus, one more opportunity granted to the assessee to present its case however with a direction to deposit INR 2000 to the Prime Minister’s Relief Fund.

Revision u/s. 263 justified as AO allowed deduction u/s. 80P(2)(a)(v) without adequate inquiry

October 28, 2024 258 Views 0 comment Print

ITAT Ahmedabad held that AO allowed the deduction under section 80P(2)(a)(v) of the Income Tax Act without adequate inquire. Accordingly, revisionary jurisdiction u/s. 263 rightly invoked as order passed by AO was erroneous and prejudicial to interest of revenue.

Signing of Form No. 35A by authorized representative is an irregularity curable u/s. 292B

October 28, 2024 297 Views 0 comment Print

ITAT Ahmedabad held that Form No. 35A signed by the Authorized Representative is only an irregularity which is curable u/s. 292B of the Income Tax Act and not an illegality. Thus, order set aside with a direction to pass order on merits.

Addition untenable as decentralized grants routed through assessee is not actually accrued or arisen

October 28, 2024 426 Views 0 comment Print

ITAT Ahmedabad held that taxation must be based on income that has actually accrued or arisen. Thus, addition towards decentralized grants merely routed assessee and simply transferred to other government agencies as per GOG’s directions is unsustainable.

Addition towards bogus purchases based on suspicion, surmises and unverified information unjustified

October 28, 2024 756 Views 0 comment Print

ITAT Ahmedabad held that addition towards bogus purchases made without proper verification of facts but just on the basis of suspicion, surmises and unverified information unjustified and liable to be deleted.

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