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ITAT Ahmedabad

Penalty u/s. 271(1)(c) imposable as deduction claimed by furnishing inaccurate particulars: ITAT Ahmedabad

September 19, 2024 300 Views 0 comment Print

ITAT Ahmedabad held that imposition of penalty u/s. 271(1)(c) of the Income Tax Act justified as deduction was claimed u/s. 54EC and 54F of the Income Tax Act by furnishing inaccurate particulars.

Reopening of Assessment Based on Change of Opinion Unjustifiable: ITAT Ahmedabad

September 19, 2024 207 Views 0 comment Print

ITAT Ahmedabad held that initiation of reopening of assessment based on mere change of opinion and not taking into account the work-in-progress method of accounting followed by the assessee is unjustifiable and liable to be quashed.

ITAT Quashes Reassessment Order Due to Lack of Section 143(2) Notice

September 19, 2024 5076 Views 0 comment Print

ITAT Ahmedabad quashes reassessment of Specific Ceramics Ltd for FY 2008-09 due to non-issuance of mandatory notice under Section 143(2).

Section 292BB not applies in cases where mandatory notice was not issued

September 19, 2024 849 Views 0 comment Print

ITAT Ahmedabad ruled that an assessment is invalid if mandatory notice under Section 143(2) was not issued, highlighting Section 292BB’s limitations.

Invocation of section 263 for delayed payment of employees’ contribution to PF/ESIC sustained: ITAT Ahmedabad

September 18, 2024 510 Views 0 comment Print

ITAT Ahmedabad held that invocation of section 263 of the Income Tax Act for issue of delayed payment of employees’ contribution to PF/ESIC justifiable as AO’s failure to examine has rendered assessment order erroneous and prejudicial to interest of revenue.

Disallowance of provision for leave encashment unwarranted as liability was inherited due to restructuring

September 18, 2024 426 Views 0 comment Print

ITAT Ahmedabad held that disallowance of provision for leave encashment unwarranted as provision was not debited to the profit & loss account of the assessee but was inherited by the assessee on account of restructuring exercise of GEB.

Disallowance u/s. 36(1)(iii) unjustified as interest-free funds exceeds loan to subsidiary: ITAT Ahmedabad

September 18, 2024 381 Views 0 comment Print

ITAT Ahmedabad held that disallowance u/s. 36(1)(iii) of the Income Tax Act unjustified as interest-free funds exceeds loan to the subsidiary and loan was advanced for commercial expediency.

Agricultural nature of land at time of sale determinative regardless of buyer’s intended use: ITAT Ahmedabad

September 18, 2024 885 Views 0 comment Print

ITAT Ahmedabad held that the agricultural nature of the land at the time of sale is determinative, regardless of the buyer’s intended use. Thus, land sold was agricultural land and hence doesn’t attract capital gain.

Deduction u/s. 80P inadmissible as return filed after due date prescribed u/s. 139(1): ITAT Ahmedabad

September 17, 2024 609 Views 0 comment Print

ITAT Ahmedabad held that claim of deduction u/s 80P is admissible only when the claim of deduction u/s 80P is made in the return of income filed on or before the due date prescribed u/s 139(1). Thus, deduction u/s. 80P inadmissible when return is filed after due date prescribed u/s. 139(1).

Disallowance u/s. 14A unwarranted as interest-free funds exceeds investment: ITAT Ahmedabad

September 17, 2024 414 Views 0 comment Print

ITAT Ahmedabad held that no disallowance under Section 14A of the Income Tax Act warranted as interest-free funds exceed the investments made, and there is no evidence to suggest that borrowed funds were used for such investments.

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