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ITAT Ahmedabad

ITAT Orders Land Value Reassessment: Valuation & Jantri Value Oversight

June 15, 2023 963 Views 0 comment Print

In the case of Patel Ambalal Haridas – HUF Vs ITO, ITAT Ahmedabad orders re-evaluation of land value under section 50C, pointing to a failure to consider the Jantri value and Valuation Report. The case impacts how land value is assessed for capital gains tax purposes.

Addition of deemed dividend in the hands of non-shareholders is unsustainable

June 14, 2023 891 Views 0 comment Print

ITAT Ahmedabad held that addition on account of deemed dividend as per section 2(22)(e) of the Act unsustainable in the hands of non-shareholders.

Income not taxable in India merely because overseas employer paid salary into NRE account in India

June 14, 2023 2295 Views 0 comment Print

ITAT Ahmedabad held that income is not taxable in India merely because the overseas employer paid salary into NRE account of the assessee in India.

ITAT Ahmedabad Deletes Late Filing Fee for TDS Return Due to Human Error

June 14, 2023 765 Views 0 comment Print

ITAT Ahmedabad has allowed the appeal of Kanta Govind Singh against the levy of a late filing fee under section 234E for a TDS return. The appellant, a senior citizen, had promptly deposited the TDS amount but had inadvertently filed the return late due to old age and human error. The ITAT deemed the procedural error as not warranting the imposition of a heavy late filing fee under Section 234E of the Income Tax Act.

Section 263 can be invoked if Assessment was completed without proper inquiry

June 13, 2023 681 Views 0 comment Print

A deep dive into the Kute Sons Dairys Ltd Vs PCIT case, highlighting implications of an assessment completed without proper inquiry and legal justifications for invoking revision u/s 263.

Additional evidence cannot be relied to delete addition if Remand Report not called

June 13, 2023 603 Views 0 comment Print

ITAT Ahmedabad remands Bhavesh Sureshchandra Shah’s case back to the AO for detailed verification of a Rs. 2.09 crores unexplained income claim, highlighting the need for comprehensive examination of bank statements and evidence.

Benefit of exemption u/s 11 not deniable for delay in furnishing of Form No. 10B

June 12, 2023 5385 Views 0 comment Print

ITAT Ahmedabad held that benefit of exemption under section 11 of the Income Tax Act cannot be denied merely on account of delay in furnishing of audit report in Form No. 10B.

Section 80P(2)(a)(i) deduction on Interest Income on Investments out of Reserve Fund

June 12, 2023 1185 Views 0 comment Print

ITAT Ahmedabad’s decision in case of ONGC Employees Co-op Credit & Thrift Society Limited Vs ITO, provides insight into exemption of interest income under Section 80P(2)(a)(i) of Income Tax Act.

Section 80P(2)(d) deduction: Co-op Society Eligible to claim on Interest Income from FDR with Co-op Bank

June 12, 2023 1095 Views 0 comment Print

ITAT’s ruling affirms that a Co-operative Society can claim deductions for the interest income derived from a Fixed Deposit Receipt (FDR) with a Co-operative Bank.

Capital gain from jointly owned property sale cannot be attributed to single co-owner

June 12, 2023 2175 Views 0 comment Print

ITAT Ahmedabad in Sureshbhai Ashwinbhai Patel Vs ITO clarified that complete sale consideration from such a property cannot be attributed as capital gain of a single co-owner.

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