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ITAT Ahmedabad

Belated U/s 148 Return Costs Assessee: 1% NP Estimation Upheld

December 23, 2025 237 Views 0 comment Print

The tribunal held that non-filing of return within the due date disentitled the assessee from deduction under section 80P due to section 80AC. Consequently, lower profit claims based on accounts were rejected.

Section 43B Allows GST Deduction Once Payment Is Made & Late Payment Charges Not a Penalty

December 23, 2025 540 Views 0 comment Print

The Tribunal held that GST paid during the relevant year is allowable under Section 43B even if it relates to an earlier period. Since the amount was actually paid and not claimed earlier, disallowance was unjustified.

No TDS Required on Foreign Agent Commission Since Income Not Taxable in India: ITAT Ahmedabad

December 23, 2025 780 Views 0 comment Print

The tribunal held that commission paid to overseas agents was a normal business expense and not taxable in India. Since no TDS was required, disallowance under section 37(1) was unsustainable.

FMV Claim Rejected Because No Error Shown in Valuation Methodology

December 22, 2025 270 Views 0 comment Print

The ITAT held that land-levelling and fencing expenses are integral to acquiring agricultural land and qualify for section 54B deduction. The ruling clarifies what constitutes eligible investment despite restricting unregistered costs.

Limited Scrutiny Can’t Morph into Roving Enquiry Without PCIT Nod: ITAT Ahmedabad

December 22, 2025 345 Views 0 comment Print

The issue was whether the AO could expand a limited scrutiny assessment into a complete scrutiny without approval. The ITAT held that such expansion is invalid without prior PCIT sanction.

Section 144B Faceless Procedure Violations Require Clear Adjudication

December 22, 2025 456 Views 0 comment Print

The dispute involved alleged non-compliance with mandatory faceless assessment procedure rendering the order non est. The ITAT held that remanding without ruling on section 144B(9) violations is impermissible.

PF Delay Partly Disallowed, MAT Issue Sent Back for Verification

December 22, 2025 225 Views 0 comment Print

The Tribunal remanded the MAT issue after noting lack of factual verification on whether reserve withdrawals were credited to the P&L account. Key takeaway: MAT adjustments under section 115JB require strict, evidence-based verification.

Indexation Benefit Directed as CIT(A) Omitted Mandatory Section 48 Relief

December 22, 2025 222 Views 0 comment Print

The AO was directed to recompute capital gains based on DVO valuation but had ignored indexation. The Tribunal ruled that recomputation without indexation is legally impermissible.

Director Liable for Unexplained Credits Despite Transfer to Company: ITAT Ahmedabad

December 22, 2025 183 Views 0 comment Print

ITAT Ahmedabad ruled that credit entries in the assessee’s account were correctly assessed, even though initial cash deposits belonged to a company, ensuring proper attribution of income.

Post-Search Flat Booking Cannot Trigger On-Money Tax Addition: ITAT Ahmedabad

December 22, 2025 249 Views 0 comment Print

The Revenue relied only on the builder’s settlement disclosure to tax the buyer. The ITAT held that third-party admissions, without corroboration or cross-examination, cannot fasten liability on the assessee.

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