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ITAT Ahmedabad

TCS applicable on Scrap Sale by Trader, Not Engaged in Manufacturing Activity

November 24, 2022 13038 Views 0 comment Print

Umeshkuamr Harilal Shah Vs ITO (TDS) (ITAT Ahmedabad) It is undisputed fact that the assessee is not a manufacturer and the scrap which was sold by the assessee was not from the manufacturing activity. The decision of the Special Bench in case of Bharti Auto Product (supra) was observed that scrap means wasted which is […]

Change of opinion or review while exercising Section 263 is not permitted

November 23, 2022 990 Views 0 comment Print

PCIT has given his own observation which amounts to review and change of opinion or review while exercising Section 263 is not permitted by the Income Tax Statute. Thus, the PCIT was not right in exercising Section 263 in assessee’s case.

Exemption u/s 10 unavailable as land doesn’t qualify as agricultural land

November 22, 2022 1140 Views 0 comment Print

ITAT Ahmedabad held that exemption under section 10 of the Income Tax Act not available as the said land was non-agricultural land as it failed to fulfil twin conditions for qualifying as agricultural land.

Addition of cash deposited in bank account not belonging to assessee is unsustainable

November 22, 2022 2877 Views 0 comment Print

ITAT Ahmedabad assessee has duly submitted banks certificate disclaiming the existence of such bank accounts belonging to the assessee. Hence, addition of cash deposited on such non-existing bank account unsustainable

Foreign Currency Bond (FCCB) expenses allowable as revenue expenses

November 22, 2022 585 Views 0 comment Print

ACIT Vs ORG Informatics Limited (ITAT Ahmedabad) Assessee stated that the issue of FCCB is a Foreign Currency Bond issue and it is basically a debt instrument in the nature of loan and all issue expenses related to that are allowable as revenue expenses. This issue is not a public issue but is made to […]

Addition upheld as genuineness of purchase and sale of shares not explained

November 21, 2022 1407 Views 0 comment Print

ITAT Ahmedabad held that genuineness of source of purchase and sale of shares thereof remained unexplained and hence concluded that the sale of such shares were only accommodation entry and accordingly addition of entire sale consideration upheld.

Donations given by Trust to Other NGOs/Trust for its Purposes are Deductible

November 17, 2022 1059 Views 0 comment Print

ACIT (Exemptions) Vs Grow More Foundation (ITAT Ahmedabad) Regarding the payment made to Chandansingh, the Ld. CIT(A) has observed that the payment is made for construction work on which TDS has been deducted and a fresh confirmation with signature of the contractor and his PAN No. etc. have been submitted and the amount is incurred […]

Company not opted for liquidation in impugned year hence disallowance of expense unjustified

November 17, 2022 747 Views 0 comment Print

ITAT Ahmedabad held that disallowance of expenditure in the assessment year 2012 on the reason that company went into voluntary liquation is unsustainable as the company was not into liquidation in the impugned year.

No section 69 addition in directors’ hand for mere use of his PAN by Company

November 16, 2022 1023 Views 0 comment Print

Merely, because the assessee’s PAN number was mentioned as he was the Director of one of the company, the purchase cannot be said to be made by him when the purchase has been shown in the P&L account by the said company itself as well as part of the closing stock of the said company, namely, Iscon Procon Pvt. Ltd.

Educational expense of daughter is purely personal in nature despite her pursuing fathers profession

November 7, 2022 1098 Views 0 comment Print

ITAT Ahmedabad held that expenditure incurred for education of the daughter, who pursued the very same profession in which the father was, doesn’t make the same business expenditure. Father was morally bound to spend on the education of his daughter and hence the same is personal expenditure.

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