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ITAT Ahmedabad

No penalty for addition under section 56(2)(x) due to deeming fiction

October 18, 2022 4404 Views 0 comment Print

Dipakkumar Ishwarlal Panchal Vs ITO (ITAT Ahmedabad) Admittedly the concealment/furnishing of inaccurate particulars of income, for which act penalty under section 271(1)(c) in the present case has been levied, related to the income added as per the provisions of section 56(2)(x) of the Act. More particularly on account of the fact that actual consideration paid […]

Premium on forward exchange contract deductible as revenue expenditure

October 17, 2022 1782 Views 0 comment Print

ITAT Ahmedabad held that as per Accounting Standard 11 premium on forward exchange contracts is to be amortized as expense means writing it off as revenue expenditure in the profit and loss account.

Section 80P(2)(a)(i) deduction eligible to Co-operative Society on interest from members

October 17, 2022 2163 Views 0 comment Print

Section 80P(2)(a)(i) Deduction is allowable when interest is derived from credit provided to its members by co-operative credit societies

Deduction with respect to provisions made against trade debtors

October 16, 2022 1032 Views 0 comment Print

Vidras India Ceramics Pvt. Ltd. Vs D.C.I.T. (ITAT Ahmedabad) The controversy that needs to be addressed so as to whether the assessee is eligible for deduction with respect to the provisions made against the trade debtors in pursuance to the explanation 1 to clause (vii) of section 36(1) of the Act. As per the explanation […]

ITAT allows deduction for provision of doubtful debts

October 14, 2022 2922 Views 0 comment Print

Whether assessee can claim deduction for provision of doubtful debts without giving adjustment in individual ledger account of sundry debtors?

ITAT disallows Bad Debt written off as Assessee fails to furnish information about subsequent recovery

October 12, 2022 2412 Views 0 comment Print

AO further held that to write off a debt it necessary that the debt becomes bad and irrecoverable after making effort for recovery. In the case of the assessee, from the ledger copies furnished by it, it was found that amounts form the debtor were received regularly.

No disallowance u/s 40(a)(ia) if recipient offered payment made by assessee as income – ITAT remands matter back to AO

October 12, 2022 1296 Views 0 comment Print

Disallowance u/s 40(a)(ia) cannot be made if recipient has offered payment made by assessee as income in their hands. The Assessing Officer is directed to verify above facts and if it is found that payee has already offered above amount as income in their return of income, disallowance u/s.40(a)(ia) made by Assessing Officer would not survive.

Addition unsustainable once onus adequately discharged by assessee

October 8, 2022 849 Views 0 comment Print

ITAT Ahmedabad held that addition solely on the basis of investigation wing report unsustainable as onus was discharged by the assessee as PAN card and bank statements were duly submitted

Bad debt of Advance to Subsidiary Company for Business Purpose allowable

October 7, 2022 3279 Views 0 comment Print

Integra Engineering India Ltd. Vs ACIT (ITAT Ahmedabad) It is pertinent to note that though the assessee has stated that the intention of the assessee to give advances to its subsidiary for making capital and subsidy but the intention was to control the operation of the GTL and to oversee that the manufacturing cost of […]

ITAT allows section 80G Deduction as sufficient evidence produced by Assessee

October 5, 2022 2958 Views 0 comment Print

JCIT Vs Shree Ganesh Construction (ITAT Ahmedabad) It is observed that even though the original receipt for payment of donation of Rs.50,000/- made to Chief Minister Kanya Kelvani Nidhi was not produced by the assessee as the same was lost or misplaced, sufficient evidence was produced by the assessee to support and substantiate its claim […]

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