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ITAT Ahmedabad

Construction cost worked out on weighted basis as property of ground and first floor were mainly sold

November 5, 2022 2592 Views 0 comment Print

ITAT Ahmedabad held that construction cost attributable to 5 offices out of total 11 offices should be worked out on weighted basis and not on average basis as the properties mainly of the ground floor and first floor were sold out. Such properties fetches higher value in terms of sale price and hence cost is also attributable on weighted basis.

ITAT deletes addition for unexplained cash deposits- As Assessee duly explained the source

November 4, 2022 726 Views 0 comment Print

Bipinchandra Purshotamdas Patel Vs ITO (ITAT Ahmedabad) ITAT find that the assessees explanation for source of cash deposits of Rs.6.00 lakhs in his Bank of India account, which is in dispute before us, as being out of his share in the sale of land, jointly owned along with members of his family, is duly and […]

Capital gain computable as per amended proviso to section 50C despite receipt of 99% of payment by cheque

November 3, 2022 1689 Views 0 comment Print

ITAT Ahmedabad held that when genuineness of the transaction is proved and more than 99% of the payment was received by cheque, capital gain on sale of property should be computed by applying amended proviso to section 50C of the Income Tax Act.

ill health & transfer of residence reasonable cause for non-submission of document to AO

November 3, 2022 480 Views 0 comment Print

Shashank Shekhar Singh Vs DCIT (ITAT Ahmedabad) ITAT have given our thoughtful consideration and perused the materials available on record including the paper book filed by the assessee wherein the additional evidences produced by the assessee before the Ld. CIT(A) namely the Mutual Funds statement was issued on 01.04.2014 whereas the reassessment was passed on […]

Addition u/s 68 without cogent material is unsustainable

November 1, 2022 1161 Views 0 comment Print

ITAT Ahmedabad held that addition u/s 68 alleging bogus capital gain simply on the basis of some report finding unearthed in case of third party without cogent material is unsustainable

Non-dealing with alternative claim cannot be reason for revisionary jurisdiction u/s 263

October 28, 2022 627 Views 0 comment Print

ITAT Ahmedabad held that exercising revisionary jurisdiction u/s 263 of the Income Tax Act for not dealing with alternative claim and claiming the order of AO as prejudicial to the interest of revenue is not sustainable as anyhow deduction was available to the assessee.

Depreciation on windmill turbine available in year it is put to use

October 25, 2022 4437 Views 0 comment Print

ITAT Ahmedabad held that as the additional evidence produced clearly indicates that company has put to use the windmill turbine in the year, depreciation on the same is available.

Right to make copy of software would constitute ‘Royalty’ TDS deductible u/s 195

October 19, 2022 330 Views 0 comment Print

ITAT Ahmedabad held that the transfer of copyright including the right to make copy of software for international business, any payment made in that regard would constitute Royalty. Thus, TDS is deductible u/s 195 on the payment made by the assessee to the non-resident supplier.

Non-voluntary donations are not eligible for deduction u/s 11(1)(d) of the Income tax Act

October 19, 2022 1269 Views 0 comment Print

ITAT Ahmedabad held that donations which are not voluntary in nature cannot be treated as corpus donation and hence not eligible for deduction u/s 11(1)(d) of the Income tax Act

Denial of exemption u/s 54F for mere technical default is unjustified

October 18, 2022 606 Views 0 comment Print

ITAT Ahmedabad held that denial of exemption u/s 54F of the Income Tax Act for a mere technical default, beyond the control of assessee, in not getting the new property registered within the stipulated time period of two years is unjustified.

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