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ITAT Ahmedabad

ITAT directs Credit of DDT which was denied on Technical Default

July 31, 2022 984 Views 0 comment Print

Strategic Infosystems Pvt. Ltd. Vs DCIT (ITAT Ahmedabad) In the instant case, the assessee has deducted and deposited DDT within time, but due to an inadvertent mistake in filing the challan, the assessee has been denied credit of DDT. The assessee has filed several applications under section 154 of the Act with the CPC, but […]

Waiver of loan amounts to cessation of liability other than trading liability

July 30, 2022 1296 Views 0 comment Print

The waiver of loan amounts to cessation of liability other than trading liability, thus, the said amount cannot fall under Section 28(iv) will not be applicable.

Addition on estimated basis without rejection of books is unsustainable

July 22, 2022 3819 Views 0 comment Print

Held that addition made on estimated basis, without rejecting books of accounts of the assessee, is unsustainable in law

Explanation of source of small loans from friends cannot be dismissed as unbelievable

July 22, 2022 390 Views 0 comment Print

Held that the explanation of the source of these very small loans as given by friends of the assessee to help him in his share trading transactions, and which has been confirmed by two parties, cannot be dismissed as unbelievable.

Developer engaged in development of infrastructure facility eligible to claim deduction u/s 80IA(4)

July 22, 2022 1428 Views 0 comment Print

Held that merely because the assessee is referred as a contractor in the agreement, it doesn’t detract the assessee from the position of being a developer, nor will deprive the assessee from claiming deduction under Section 80IA(4) of the Act.

No Section 271D penalty for one time cash loan to meet business exigency

July 21, 2022 1149 Views 0 comment Print

Shri Mohanlal Savjibhai Tilva Vs ACIT (ITAT Ahmedabad) The case of the assessee was that the loan in cash was taken from his HUF on account of extreme business exigency and necessity of honouring post dated cheques issued to the third parties. Further at that time, the assessee was not having sufficient balance in the […]

Income assessed at 1% on cricket betting in absence of satisfactory explanation

July 16, 2022 546 Views 0 comment Print

Held that AO correctly estimated the income of the assessee at 1% of the total transactions of cricket betting as found recorded in the laptops seized

ITAT denied Section 11 & 12 exemptions for failure to File Form No. 10B Electronically

July 15, 2022 2577 Views 0 comment Print

Ahmedabad ITAT dismisses Ambica Trust’s appeal as it failed to electronically file Form 10B for exemptions under sections 11 and 12 of the Income Tax Act.

Section 263 order not valid for land vacation compensation issue already examined by AO

July 15, 2022 381 Views 0 comment Print

Issue relating to the land vacation compensation charges claimed by the assessee in the year under consideration was duly examined by the Assessing Officer by making the necessary inquiries and after satisfying himself on perusal of the relevant details and documents placed on record by the assessee

Penalty u/s 271(1)(c) unsustainable on suo moto reversal of excess depreciation

July 14, 2022 2037 Views 0 comment Print

Held that the addition made on account of excess depreciation claimed, having been surrendered by the assessee itself without any prior detection by the Revenue, the excess claim having been demonstrated to have been made for bonafide reasons, it is surely not a case for levy of penalty at all.

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