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ITAT Ahmedabad

Addition of disallowed prior period expenses not permitted in book profit computation

August 5, 2022 3168 Views 0 comment Print

Prior period expenses charged to profit and loss account cannot be deducted from profit of year for computing book profit under Section 115JB

Sale of shares held as investment is to be treated as capital gain

August 4, 2022 1551 Views 0 comment Print

Held that the sale of SIL shares held by the assessee as investment is to be treated as short term capital gain and not as business income.

Actual write off not hit by clause (i) of Explanation to Section 115JB

August 3, 2022 1704 Views 0 comment Print

Corrtech Energy Ltd. Vs DCIT (ITAT Ahmedabad) The learned Counsel for the assessee, at the outset, has submitted that none of the provision for doubtful debts and provision for diminution in the value of investment made by the assessee-company is for any liability. He has contended that the same in fact were not provisions made […]

Addition u/s 69A unsustainable as cash deposit during demonetization established through bank account

August 3, 2022 6150 Views 0 comment Print

Held that the source of withdrawal of the money is being clearly demonstrated and their deposit of money on various occasions is also established by the assessee through her bank account. Accordingly, addition u/s. 69A towards deposit of demonetized currency notes unsustainable.

Negligent & casual attitude during assessment – ITAT imposes cost on Assessee

August 3, 2022 321 Views 0 comment Print

Rajkumar Tiwari Vs ITO (ITAT Ahmedabad) As regards the merit of the issue involved in this case relating to the addition of Rs.6,54,300/- made by the Assessing Officer under Section 69C of the Act by treating the cash payments made by the assessee against credit card purchases as unexplained expenditure, the learned Counsel for the […]

No Addition of Interest for Interest-Free Loan out of Interest-Free Funds

August 2, 2022 2166 Views 0 comment Print

Sidiqbhai Usmanbhai Kaliwala Vs DCIT (ITAT Ahmedabad) It is seen from record, the assessee paid interest free loan of Rs. 21,67,952/- to M/s. S.S. Enterprise, out of the interest free funds available with the assessee, who has made a profit of Rs. 31,04,682/- during the assessment year 2015-16. It is not the case of the […]

No delay in appeal filing if order not been served on Assessee

August 1, 2022 1332 Views 0 comment Print

Koshambh Charitable Trust Vs ACIT (ITAT Ahmedabad) We have given our thoughtful consideration and perused the materials available on record, as well as the Paper Book filed by the assessee. As it can be seen from page no. 32 of the paper book which is the screenshot of the Income Tax portal wherein for the […]

Ex-parte without adequate hearing opportunity: ITAT remands matter back to CIT(A)

August 1, 2022 291 Views 0 comment Print

Explore the ITAT Ahmedabad ruling in Sangitaben Doshi vs. ITO case. The order discusses the disallowance of LTCG on Kappac Pharma shares based on conjectures.

Section 271AAB penalty upheld on Income Tax return filed belated

August 1, 2022 732 Views 0 comment Print

Jagdishbhai R. Patel Vs ACIT (ITAT Ahmedabad) CIT(A) upheld the penalty of Rs.19,50,000/-,levied u/s 271AAB of the Act @ 30% of the undisclosed income of Rs.65 lacs, noting that the assessee had failed to fulfill the following conditions by the specified date as required by the section : a) filing its return declaring the undisclosed […]

No condonation of delay if Assessee was Negligent, Casual & Non-Compliant

August 1, 2022 468 Views 0 comment Print

Assessee found to be negligent, casual & noncompliant. So ITAT, refuse to condone inordinate delay of 789 days in filing appeal

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