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ITAT Ahmedabad

Corpus donations being capital in nature is not taxable

October 10, 2023 4638 Views 0 comment Print

ITAT Ahmedabad held that corpus donations are capital in nature and hence cannot be added to the income of the assessee and hence not taxable.

Section 14A gets applicable when shares are held as stock-in-trade and dividend income is exempt u/s. 10(34)

October 9, 2023 1065 Views 0 comment Print

ITAT Ahmedabad held that the applicability of Section 14A is triggered when the shares are held as ‘stock-in-trade’ and by virtue of section 10(34) dividend income is not to be included in total income and is exempt from tax.

Addition towards bogus capital gain unjustified as involvement in price rigging not proved

October 2, 2023 1815 Views 0 comment Print

ITAT Ahmedabad held that Department has brought nothing on record to prove that the assessee was involved in price rigging of the instant share or that any form of cash had flown back to the assessee. Accordingly, addition on account of bogus capital gain by sale of shares unjustified.

Deduction u/s 80IA(4) of Income Tax Act available to developer of infrastructure facility

October 2, 2023 2067 Views 0 comment Print

ITAT Ahmedabad held that the assessee is engaged in development of the infrastructure facility and therefore, a developer, which confers right of eligibility to the assessee to claim benefits u/s. 80IA(4) of the Income Tax Act. Mere referring assessee as a contractor in the agreement cannot deprive assessee from claiming deduction u/s. 80IA(4).

Receipt of government grant in lieu of Financial Restructuring Plant not to be reduced from capital assets

October 2, 2023 312 Views 0 comment Print

ITAT Ahmedabad held that government grants received in lieu of FRP i.e. Financial Restructuring Plant is not required to be reduced from the cost of capital assets. Accordingly, reopening of assessment unjustified.

ITAT Orders Reassessment Due to Ex-Parte Assessment Ignoring Rule 46A Evidence

September 30, 2023 1218 Views 0 comment Print

ITAT Ahmedabad directs readjudication of ex-parte assessment orders passed without considering additional evidence filed under Rule 46A of Income Tax Rules.

ITAT Directs Re-adjudication for 12AB Registration Denial

September 29, 2023 1263 Views 0 comment Print

In a case involving Section 12AB registration denial, the ITAT orders re-adjudication due to non-consideration of submissions by the trust.

Income from Nursery Activities Deemed Agricultural, Not Business Income: ITAT

September 29, 2023 2319 Views 0 comment Print

In the case of Talshibhai B Narola vs. ITO, ITAT Ahmedabad ruled that income from nursery activities growing lawns, flower plants, and vegetable plants is agricultural, not business income.

When freight charges were part and parcel of purchase of goods, TDS u/s 194C will not apply

September 28, 2023 9375 Views 1 comment Print

Explore Kalpesh Ganpatlal Patel Vs ITO case involving TDS on freight charges in trading business. Detailed analysis and conclusion of ITAT Ahmedabad’s decision.

Claim already accepted during regular assessment cannot be reassessed u/s 148 without new tangible material

September 28, 2023 2523 Views 0 comment Print

ITAT Ahmedabad held that initiation of reassessment proceedings under Section 148 of the Income Tax Act on the same issue/ claim which was already decided and accepted during the course of regular assessment, without bringing any new material facts on records, is not valid as per law.

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