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ITAT Ahmedabad

Reopening based on show cause issued by Excise Department not justified

January 2, 2023 516 Views 0 comment Print

DCIT Vs Crystal Glaze (ITAT Ahmedabad) ITAT considered judgment passed by the Co-ordinate Bench in case of Zirconia Cera Tech Glazes vs. DCIT wherein addition was made only on basis of show cause notice issued by Excise Department against assessee alleging that assessee was engaged in undervaluation of sales and clandestine removal of goods and […]

Rejection of appeal on technical ground amounts to denial of principles of natural justice

January 1, 2023 2154 Views 0 comment Print

Simply rejecting on a technical ground amounts to denial of principles of natural justice to the assessee. Therefore, we are remanding back the appeal to the file of the CIT(A) for proper adjudication on merit.

No disallowance of interest when Interest-free advances been made out of interest-free funds

January 1, 2023 1041 Views 0 comment Print

Chetankumar Raojibhai Patel Vs DCIT (ITAT Ahmedabad) Sole issue in the present appeal relates to disallowance of interest expenditure under section 36(1)(iii) of the Act. Since the assessee has demonstrated the availability of sufficient own funds for the purpose of making interest free funds, the issue, we find, is squarely covered by the decision of […]

ITAT quashes section 147 proceeding as approval was granted by JCIT without verifying recorded reasons  

January 1, 2023 999 Views 0 comment Print

In present case approval has been granted by the ld. JCIT without verifying the reasons recorded by the AO for initiating the proceedings under section 147 of the Act which is contrary to the provisions of law.

Addition for difference in form 26AS due to service tax is not sustainable

January 1, 2023 693 Views 0 comment Print

Smt. Taraben Jayantilal Patel Vs DCIT-CPC (ITAT Ahmedabad) The appellant has computed ‘income from house property’ excluding of service tax whereas in Form 26AS it is inclusive of service tax. The order dated 06.08.2019 upon rectification under Section 154 of the Act, the income under the head ‘income from house property’ was computed at Rs.37,12,839/- […]

Section 43B not applicable to provision for Mining Closure Fund

January 1, 2023 756 Views 0 comment Print

Gujarat Mineral Development Corporation Ltd Vs DCIT (ITAT Ahmedabad) It is pertinent to note that the assessee company made provision in Mining Closure Fund as per the guidelines issued by the Ministry of Coal which is mandatory to each mining company. It is not disputed fact that the assessee made claim u/s 43B every year […]

Income from Leasing of Multiplex is Business Income

January 1, 2023 822 Views 0 comment Print

Deep Multiplex Pvt. Ltd. Vs ITO (ITAT Ahmedabad) The assessee consistently followed that the income derived from the lease charges on the multiplex is a business income of the assessee in earlier years as well as in the present year. The assessee has filed appeal before the Tribunal which on merit, the assessee has succeeded. […]

ITAT Condones Delay in filing Appeal due to Professional Lapse of Tax Consultant

December 31, 2022 918 Views 0 comment Print

Ishwarsingh Ramchandra Jangid Vs ITO (ITAT Ahmedabad) Prima facie it appears that the assessee is not in town during the specific period of assessment proceedings as well as the proceedings before the CIT(A) and the assessee’s consultant has not taken proper measure for filing the appeal before the CIT(A) and also not appeared before the […]

Proceedings u/s 153C untenable as material seized during third party search not proved as belonging to assessee

December 30, 2022 2187 Views 0 comment Print

ITAT Ahmedabad held that AO failed to prove that material seized, during the course of search in case of third party, belong to the assessee. Hence, invocation of proceedings u/s. 153C of the Income tax Act is against the provisions of law

Advertisement expense towards creation of brand image is revenue in nature

December 29, 2022 3540 Views 0 comment Print

ITAT Ahmedabad held that advertisement expenses incurred at the time of installation of additional machinery in the existing line of business resulted in any enduring benefit is revenue expenditure Further advertisement expenses incurred to create brand image is revenue expenditure.

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