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ITAT Ahmedabad

Mathematical Errors cannot be said to be Failure to Disclose Material Facts: ITAT Ahmedabad

March 31, 2024 492 Views 0 comment Print

Ahmedabad ITAT rules in favor of Mehsana Urban Co-op. Bank Ltd., stating AO’s incorrect calculation isn’t failure to disclose, thus invalidating assessment reopening beyond 4 years.

Section 43B Doesn’t Apply where payment precedes claim of expenditure

March 31, 2024 5445 Views 0 comment Print

Read a detailed analysis of the case of DCIT vs. Flax Apparels Pvt. Ltd. where ITAT Ahmedabad ruled that Section 43B of the Income Tax Act, 1961 doesn’t apply when payment precedes the claim of expenditure.

ITAT Allows depreciation on car despite registration in Directors name

March 31, 2024 1722 Views 0 comment Print

Ahmedabad ITAT ruled that vehicles used for business purposes, even if owned by directors, are eligible for depreciation. Case analysis of Mukesh Trends Lifestyle Limited Vs DCIT.

TDS not deductible on Commission earned by Foreign Agents Outside India

March 30, 2024 933 Views 0 comment Print

In a landmark decision, ITAT Ahmedabad rules in favor of Globe Textiles (India) P. Ltd., stating no TDS deduction necessary on commission income earned by foreign agents outside India.

No Section 35(1)(ii) deduction on Donation to ineligible Scientific Research Trust 

March 30, 2024 1023 Views 0 comment Print

ITAT Ahmedabad ruled against C K Zipper Pvt Ltd, disallowing deduction under Section 35(1)(ii) of Income Tax Act for donations to ineligible research trust.

Section 251 not empowers CIT(A) to discover new income source: ITAT Ahmedabad

March 28, 2024 912 Views 0 comment Print

Analysis of Rotex Enterprises P. Ltd. Vs DCIT case: CIT(A) exceeded jurisdiction under section 251, ITAT Ahmedabad rules, disallowances unsustainable.

ITAT quashes Section 263 revision order in absence of any invalidity in JDA amendment 

March 27, 2024 426 Views 0 comment Print

Read the full text of the ITAT Ahmedabad order where the revision order against Rameshlal Bullchand Ambwani is quashed due to lack of valid reasons for JDA amendment.

Section 263 Assessment: AO Obliged to Apply Mind & Pass Reasoned Order

March 22, 2024 1362 Views 0 comment Print

The computation of income by AO giving effect to CIT’s direction was an assessment order which was appealable. The order passed by CIT(A), therefore, holding the assessment order to be not appealable was incorrect in law.

Section 263 cannot be invoked if here is no prejudice against revenue

March 21, 2024 609 Views 0 comment Print

Ahmedabad ITAT quashes Sec 263 order in Soham Buildcon vs PCIT-3 case, citing absence of twin conditions for exercising power under the provision. Full text analysis provided.

Deemed Short-Term Capital Gains from Depreciable Asset Sale Eligible for Setoff Against Long-Term Capital Loss

March 21, 2024 1056 Views 0 comment Print

Explore how DCIT vs. Claris Lifesciences Limited case sets precedent for setting off deemed short-term capital gain on sale of depreciable against long-term capital loss.

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