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ITAT Ahmedabad

TDS not deductible on freight charges if PAN of Company provided for its proprietary concern

July 10, 2022 714 Views 0 comment Print

DCIT Vs Vinod Chimanlal Modi (ITAT Ahmedabad) It is observed that sufficient documentary evidence was placed on record by the assessee before the learned CIT(A) to establish that M/s. S.S. Enterprises is a proprietary concern of M/s. Gunesh India Pvt. Ltd. and on the basis of the same, a finding was recorded by the leaned […]

Section 10(37) applicable to acquisition of agricultural land by Government

July 10, 2022 2028 Views 0 comment Print

ITO Vs Jitendra Shanabhai Patel (ITAT Ahmedabad) CIT(A) observed that there was no large number of purchase and sale of land by the assessee. In fact, the acquisition of agricultural land owned by the assessee was done by the Government and thus Section 10(37) of the Act are attracted. As regards consideration of the rural […]

TDS provisions not applicable to late fee and service tax

July 10, 2022 339 Views 0 comment Print

Since, the said amount pertains to late fee and service tax, therefore the provisions of TDS does not apply to the late fee and service tax, hence we delete the addition of Rs.10,48,125/-, made by the Assessing Officer.

No addition on basis of assessee debited service tax in P& L account however not credited receipts in its books.

July 5, 2022 612 Views 0 comment Print

Mere fact that assesse had separately debited service tax in it profit and loss account and not credited the same in its profit and loss account could not be the reason or basis for stating that assessee had not credited these receipts in its books as it was to be presumed included in the sales price.

No section 271(1)(c) penalty for Mere Disallowance of section 54F Claim

July 3, 2022 2139 Views 0 comment Print

ITO Vs Ashif Mehbbobelahi Rushnaiwala (ITAT Ahmedabad) CIT(A) deleted the penalty levied on the disallowance of exemption u/s 54F of the Act noting that the assessee had furnished all particulars relating to the claim of exemption by way of investment in residential properties, that the claim was made under the boanfide belief that all investment […]

Addition for cash deposit not tenable when Assessee duly explained the source

July 2, 2022 2430 Views 0 comment Print

Kalubhai Ranchhodbhai Dhakecha Vs ITO (ITAT Ahmedabad) A perusal of the assessment order however reveals that there is nothing mentioned in the order that the opening balance was found unsubstantiated. The assessment order only finds a mention of the fact regarding the quantum of opening cash balance 9,06,927/- which included 4,03,585/- agricultural income and 2,78,391/- […]

No section 271B penalty if Assessee could not maintain books of accounts

July 1, 2022 1617 Views 0 comment Print

Gurukrupa Developers Vs DCIT (ITAT Ahmedabad) The learned AR before us inter-alia submitted that the books and other supporting documents of the assessee were impounded by the search team. Therefore, the assessee could not maintain proper books of accounts due to the reason beyond its control. When proper books of account were not available, the […]

Section 271(1)(c) Penalty not sustainable if failure in Disclosure of Income was unintentional

July 1, 2022 1353 Views 0 comment Print

Shri Himanshu Prafulchandra Varia Vs DCIT (ITAT Ahmedabad) We find merit in the contention of the Ld. Counsel for the assessee that the failure to disclose the income was by mistake and not deliberate and the assessee had in fact come clean during assessment proceedings before the Revenue authorities even before detection by the Revenue. […]

Claims not part of resolution plan, shall stand extinguished

July 1, 2022 2124 Views 0 comment Print

It is further declared by the Hon’ble Supreme Court that all claims not part of the resolution plan, shall stand extinguished and no person will be entitled to initiate or continue any proceedings in respect to a claim, which is not part of the resolution plan.

Foreign Exchange Fluctuation in Current Assets & Liabilities allowable

July 1, 2022 2694 Views 0 comment Print

Dive into the ITAT Ahmedabad order on DCIT vs. Ambalal Sarabhai Enterprises Ltd. Understand the dispute over foreign exchange difference claims, accounting standards, and tax implications.

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