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ITAT Ahmedabad

No Section 36(1)(iii) Disallowance of Interest Based on Incorrect AO Assumption of Interest-Bearing Funds use for CWIP

August 26, 2024 276 Views 0 comment Print

AO was not justified in addition of interest expenses debited in the P&L account, a sum of Rs.2,12,94,836/- was capitalized towards CWIP under Section 36(1)(iii) of and added to the total income of the assessee.

Initiation of Section 153C Proceedings Beyond Six Years Impermissible: ITAT Ahmedabad

August 26, 2024 402 Views 0 comment Print

ITAT Ahmedabad held that AO had no jurisdiction to initiate proceedings u/s. 153C of the Income Tax Act beyond permissible period of six years from date of receipt of books/ documents by AO.

Deduction u/s. 80IA(4)(i) allowed to sole developer for developing, operating & maintaining infrastructure facilities

August 23, 2024 207 Views 0 comment Print

ITAT Ahmedabad held that the assessee has established that they were the sole developer in the contracts which are related to the developing, operating and maintaining the infrastructure facilities as envisaged u/s. 80IA(4)(i) of the Income Tax Act.

ITAT allows Section 54EC exemption for investments before sale deed registration

August 22, 2024 864 Views 0 comment Print

ITAT Ahmedabad rules in favor of Rahul G. Patel, granting exemption under Section 54EC for investments made in NHAI bonds before the sale deed registration.

Addition towards unexplained cash credit u/s. 68 unwarranted as already declared and taxed as sales: ITAT Ahmedabad

August 22, 2024 738 Views 0 comment Print

ITAT Ahmedabad held that addition towards unexplained cash credit under section 68 of the Income Tax Act unwarranted as the amount represents sales already declared and taxed. Thus, income already offered for taxation cannot be taxed again as unexplained cash credit.

Cash Accounting: TDS Credit Allowed in year the Income is Received & offered for taxation

August 22, 2024 633 Views 0 comment Print

The ITAT Ahmedabad ruled on the disallowance of TDS credit to Theo Desh Consultants due to non-inclusion of corresponding income in the relevant assessment year.

Failure to Appear due to COVID & Fire: ITAT Remands Case to CIT(A)

August 19, 2024 126 Views 0 comment Print

ITAT Ahmedabad remands Metro Heritage Pvt Ltd’s case back to CIT(A) due to COVID disruptions and a hotel fire, allowing a fresh opportunity for evidence presentation.

Inadequate Document Verification: ITAT Remands Trust Matter to CIT(E) for Reconsideration

August 19, 2024 135 Views 0 comment Print

ITAT Ahmedabad remands the Vidhyanagar Jain Society’s registration case to CIT(E) for reconsideration due to non-submission of documents and unavoidable delays.

Section 271(1)(c) Penalty not leviable merely for making a unsustainable claim: ITAT Ahmedabad

August 18, 2024 360 Views 0 comment Print

ITAT Ahmedabad held that merely making a claim that is not sustainable does not amount to furnishing inaccurate particulars of income. Accordingly, penalty u/s. 271(1)(c) of the Income Tax Act not justified.

Section 14A Disallowance Unsustainable if Incorrectness of Claim Unproven: ITAT Ahmedabad

August 18, 2024 216 Views 0 comment Print

ITAT Ahmedabad held that the AO must record a proper satisfaction regarding the incorrectness of the assessee’s claim before invoking Rule 8D u/s. 14A. Thus, in absence of such satisfaction, disallowance u/s. 14A of the Income Tax Act unsustainable.

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