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ITAT Ahmedabad

Expenses Cannot Be Disallowed Without Assessee’s Claim in the Relevant Year

April 18, 2024 669 Views 0 comment Print

Analyzing the case of Sunil Dhirubhai Patel vs ITO, where expenses were disallowed despite not being claimed by the assessee, and how the ITAT Ahmedabad ruled in favor of the assessee.

Income determination in assessment cannot dictate filing of ITRs: ITAT Quashes section 271F Penalty

April 18, 2024 1122 Views 0 comment Print

ITAT Ahmedabad quashes penalties under Section 271(1)(b) & 271F of the Income Tax Act, emphasizing that income determination in assessment orders cannot dictate filing of ITRs.

No Sec 69 Addition merely for Property Transfer via Registered Sale Without Payment to Vendor: ITAT

April 15, 2024 8892 Views 0 comment Print

Understand the implications of unexplained expenditure as Hyfun Foods challenges an addition of Rs. 95,47,000/- under section 69 of the Income Tax Act. Detailed analysis and verdict included.

ITAT allowed additional depreciation claim of Rs. 49.5 cr notwithstanding Authorities failed to appreciate Amended Provision of S. 36(1) (iia)

April 12, 2024 447 Views 0 comment Print

Tribunal allowed a claim of Rs. 49.5 crore in the interest of Principle of Natural Justice after finding that the respective authorities failed to appreciate the amended provision of Section 36(1)(iia) of the Income Tax Act, 1961, resulting in the denial of an additional depreciation claim.

Assessee’s Accountant Left Job: ITAT Remanded Case to Assessing Officer

April 10, 2024 4032 Views 0 comment Print

ITAT Ahmedabad remands case of Ramakushna Kiritbhai Tripathi Vs ITO due to accountant’s departure and lack of proper representation, emphasizing procedural fairness.

Change of Opinion Not Allowed, Section 54 Deduction to HUF for Property Purchase in Individual’s Name

April 9, 2024 6579 Views 0 comment Print

ITAT Ahmedabad ruling regarding Section 54 deduction to a Hindu Undivided Family (HUF) for property purchase in an individual’s name. The decision emphasizes the principle against allowing a change of opinion in reassessment proceedings, based on established legal precedents.

Section 263 Revisionary Powers Limited to Issues Addressed in Limited Scrutiny

April 9, 2024 477 Views 0 comment Print

In the case of Vijay Rajnikant Patel Vs PCIT, ITAT Ahmedabad rules that Section 263 revisionary powers are limited to issues addressed in limited scrutiny, ensuring adherence to CBDT instructions.

Developer engaged in “development” of new infrastructural facility eligible for Section 80 IA(4) deduction

April 4, 2024 282 Views 0 comment Print

Understand Section 80-IA(4) deductions: N.C.C. – M.S.K.E.L (J.V.) Vs Income Tax Officer (ITAT Ahmedabad) clarifies eligibility for developers.

No Section 270A Penalty if No Misreporting or Underreporting by Assessee

April 3, 2024 1623 Views 0 comment Print

Detailed analysis of Mahendra N. Patel Vs DCIT case where ITAT Ahmedabad nullifies penalty due to absence of misreporting or underreporting by the assessee.

ITAT Remands Matter, Imposes Cost on Assessee for Lack of Cooperation

March 31, 2024 351 Views 0 comment Print

Read about the ITAT Ahmedabad’s decision in the case of Vivekkumar S Bhavsar vs ITO, where the matter was remanded back to the AO due to lack of cooperation from the assessee. A cost of Rs. 5000 was imposed on the assessee, payable to the Prime Minister National Relief Fund.

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