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ITAT Ahmedabad

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

August 18, 2024 225 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.

Ex-Parte Order Without Adjudication on Merits is Unsustainable: ITAT Ahmedabad

August 18, 2024 432 Views 0 comment Print

ITAT Ahmedabad held that passing of ex-parte order by CIT(A) without adjudicating issues on merits, such order is not sustainable in the eyes of law keeping in view provisions of Section 250(6) of the Income Tax Act.

Section 68 Addition Justified Due to Unproven Genuineness & Creditworthiness: ITAT Ahmedabad

August 17, 2024 669 Views 0 comment Print

ITAT Ahmedabad held that genuineness of transaction, creditworthiness and identity of creditors not proved, hence addition u/s. 68 of the Income Tax Act towards unexplained credit duly sustained.

Section 54F Exemption: ITAT directs CIT(A) to decide issue on Merits

August 16, 2024 4602 Views 0 comment Print

ITAT Ahmedabad orders CIT(A) to reconsider the Section 54F exemption claim by Bhupendrabhai Punjabhai Patel after rejecting previous appeal due to non-compliance.

No addition u/s. 68 towards unsecured loan if repayment in subsequent year accepted: ITAT Ahmedabad

August 15, 2024 3102 Views 0 comment Print

ITAT Ahmedabad held that addition u/s. 68 on account of unexplained cash credit, being bogus unsecured loan, and u/s. 69C on account of unexplained expenditure, being bogus interest claimed, unjustified as repayment of loans in subsequent year accepted.

Contribution to National Pension System before filing of return allowable: ITAT Ahmedabad

August 15, 2024 639 Views 0 comment Print

ITAT Ahmedabad held that contribution under National Pension System (NPS) belatedly, however, before filing of return is allowable as deduction u/s. 43B(b) of the Income Tax Act as there is no due date prescribed for payment under NPS.

Passing of revisionary order u/s. 263 without giving adequate opportunity of being heard unsustainable: ITAT Ahmedabad

August 15, 2024 456 Views 0 comment Print

ITAT Ahmedabad held that passing of revisionary order by PCIT u/s. 263 of the Income Tax Act without giving proper and adequate opportunity of being heard to the assessee is liable to be set aside.

Property improvement Expenses disallowed in absence of sufficient evidence

August 13, 2024 912 Views 0 comment Print

Certain expenses related to cost of improvement of land put forward by assessee were disallowed noting lack of proper and sufficient evidence to support claims of cost incurred for improvement of property.

Revision u/s. 263 set aside as order of AO not found to be erroneous and prejudicial to interest of revenue: ITAT Ahmedabad

August 13, 2024 261 Views 0 comment Print

ITAT Ahmedabad held that order of PCIT invoking section 263 of the Income Tax Act set aside as conditions necessary for invoking Section 263 of the Act, i.e., the order being erroneous and prejudicial to the interest of the revenue, are not satisfied.

Addition merely based on retracted statement without any incriminating material unsustainable: ITAT Ahmedabad

August 12, 2024 480 Views 0 comment Print

ITAT Ahmedabad held that addition merely on the basis of retracted statement without any incriminating material seized from assessee’s premises is unsustainable in law and liable to be quashed.

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