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ITAT Ahmedabad

Weighted deduction available on all expenditure incurred on in-house research & development facility

September 25, 2023 1542 Views 0 comment Print

ITAT Ahmedabad held that assessee is entitled to claim weighted deduction on all expenditure incurred by it, on in-house research & development facility. Accordingly, restricting claim of weighted deduction u/s 35(2AB) to the extent approved by the prescribed authority i.e. DSIR unjustified.

Initiation of proceedings u/s 147 based on typographical error unsustainable

September 25, 2023 738 Views 0 comment Print

ITAT Ahmedabad held that a typographical error cannot be a reason to believe that the income of the assessee has escape assessment and hence initiation of proceedings under section 147 of the Income Tax Act is unsustainable.

Section 45(3) applies to capital asset transferred to firm by way of capital contribution

September 23, 2023 8838 Views 0 comment Print

ITAT Ahmedabad held that the provision of section 50C of Act cannot be made applicable to transaction of capital assets transferred by assessee to a partnership firm by way capital contribution. Such transaction falls under the provision of section 45(3) of the Income Tax Act.

Additional claim not allowable u/s. 43B(a) as assessee not legally obliged to pay customs duty

September 22, 2023 624 Views 0 comment Print

ITAT Ahmedabad held that as assessee was not legally obliged to pay customs duty amount, additional claim towards payment of such customs duty cannot be allowed under provisions of section 43B(a) of the Income Tax Act.

ITAT Upholds Addition Due to Lack of Evidence for Promotion Expenses

September 22, 2023 378 Views 0 comment Print

ITAT Ahmedabad’s order in Lincoln Pharmaceuticals Ltd. vs. DCIT, confirming addition due to insufficient evidence for promotion expenses.

Delay in Govt Auditor’s Audit Report Doesn’t Deny U/S 80P Deduction

September 20, 2023 1311 Views 0 comment Print

Uttam Dairy Staff Co-operative Credit & Supply Society vs. AO – ITAT Ahmedabad upheld deduction under Section 80P despite delayed filing due to Govt. Auditor. Analysis here.

ITAT Upholds CIT(A) Decision on Deletion of Income Tax Addition for Unexplained Investment

September 16, 2023 513 Views 0 comment Print

Analysis of ITAT Ahmedabad’s decision in ITO vs Jakshibhai Dahyabhai Bharvad. Understand how CIT(A) order was upheld, affecting income tax additions.

Payment of guarantee fee to Gujarat Government is revenue expenditure

September 15, 2023 315 Views 0 comment Print

ITAT Ahmedabad held that payment of guarantee fee to the Govt. of Gujarat in consideration of guarantee issued by it for repayment of unsecured loan is revenue expenditure.

Reopening of assessment without any fresh tangible material unsustainable

September 13, 2023 1050 Views 0 comment Print

ITAT Ahmedabad held that reopening of assessment under section 147 of the Income Tax Act initiated on a mere change of opinion without any fresh tangible material unsustainable in law.

Expense incurred to remove impediments/ encumbrances allowable as cost of improvement

September 11, 2023 1215 Views 0 comment Print

ITAT Ahmedabad held that the expenses incurred to remove impediments or encumbrances in way of transfer of capital asset has to be allowed as deduction under the head ‘cost of improvement’ while computing taxable amount of capital gain.

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