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ITAT Ahmedabad

No section 68 addition for Loan Received and repaid vide cheque

October 5, 2022 5304 Views 0 comment Print

Manibhadra Securities Services P.Ltd Vs ITO (ITAT Ahmedabad) he assessee in the present case is a private limited company and engaged in the business of trading of Shares and Securities. The assessee in the year under consideration has received the Loan to the tune of Rs. 4,08,01,000/-from M/s Ken Securities Limited. The assessee has repay […]

Interest earned on loans to staff members taxable as Income from Other Sources

October 1, 2022 462 Views 0 comment Print

ITAT Ahmedabad held that loans to staff members is not business expenses and therefore interest earned on such loans cannot be treated as business income.

Section 271(1)(c) penalty not imposable for Erroneous double provision for interest

September 30, 2022 1095 Views 0 comment Print

Gujarat State Electricity Corporation Ltd. Vs DCIT (ITAT Ahmedabad) During the course of assessment, the Assessing Officer has noticed that assessee has accounted interest expenses twice of Rs. 11.90 crores, therefore, the same was disallowed and also levied penalty of Rs. 1,46,48,271/- u/s. 271(1)(c) of the act on the combined amount of disallowance u/s. 14A and […]

Addition based on Borrowed Satisfaction cannot be made

September 28, 2022 1359 Views 0 comment Print

In this case AO has not applied his own mind before issuing notice and to arrive at conclusion that assessee has escaped an income and made addition on the basis of report submitted by Investigation Wing. So, Learned AO issued notice purely on borrowed satisfaction. In our considered opinion, in such case addition cannot be made.

Business loss cannot be disallowed without taking cognizance of all relevant aspect

September 27, 2022 1353 Views 0 comment Print

Books were never rejected by Assessing Officer and thus business loss cannot be disallowed without taking cognizance of all relevant aspect of matter

Non deduction of expenses for non-deduction of TDS & inclusion of same by deductee in their income tax return – ITAT directs assessee to submit CA certificate

September 17, 2022 7569 Views 0 comment Print

Viral Ashish Parikh Vs ACIT (ITAT Ahmedabad) it is transpired that the assessee can be granted immunity from disallowances of expenses on account of non/short deduction of taxes provided that the assessee (payer) furnishes the certificate in the prescribed form. Thus the onus is upon the assessee. However we find that assessee has not furnished […]

Business Losses set-off allowable against Speculative Income

August 29, 2022 4113 Views 0 comment Print

ITAT held that unabsorbed business losses can be set off against any income from business, be it speculative or otherwise.

Penalty u/s 271(1)(c) not leviable on committing bona fide mistake

August 26, 2022 2472 Views 0 comment Print

Held that the mistake in not adding back the loss on sale of fixed assets in computation of income was a bona fide mistake inadvertently. Accordingly, penalty u/s 271(1)(c) not imposed.

Different yardsticks not allowed for same property sale transaction by co-owners

August 26, 2022 1038 Views 0 comment Print

2 different yardsticks for same set of sale transaction made by co-owners not allowed. Assessee cannot be treated differently for similar transaction

FBT not payable on Employee Welfare Expenses

August 25, 2022 987 Views 0 comment Print

Bilfinger Neo Structo Pvt. Ltd. Vs ACIT (ITAT Ahmedabad) As regards ground relating to Employees Welfare Expenses includible in value of Fringe Benefit Tax, the Ld. AR submitted that the details were properly filed before the Assessing Officer which were never taken into account by the CIT(A) as well as Assessing Officer. Ld. AR further […]

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