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ITAT Ahmedabad

Mere denial of claim of deduction doesn’t attract penalty u/s 271(1)(c)

July 29, 2023 2055 Views 0 comment Print

ITAT Ahmedabad held that imposition of penalty under section 271(1)(c) of the Income Tax Act unjustified as denial of claim of deduction u/s 80HH/ 80IA doesn’t tantamount to concealment of income and/or furnishing of inaccurate particulars of income.

Interest on deposit of surplus grants as directed by State Government cannot be treated as income

July 29, 2023 1200 Views 0 comment Print

ITAT Ahmedabad held that interest income earned by depositing surplus grants in a particular mode as per the directions of the State Government is also treated as part of the grants and hence it cannot be treated as income of the assessee.

ITAT Deletes Protective Basis Addition – No Parallel Assessments Allowed

July 28, 2023 1455 Views 0 comment Print

In a recent case, the ITAT Ahmedabad deleted the addition made on protective basis in the assessment of ACIT Vs. Rachna Finlease Pvt. Ltd. The tribunal upheld the findings of identity, genuineness, and creditworthiness of transactions made by the assessee.

ITAT Dismisses Rectification Orders, Upholds Setting off Business Loss

July 25, 2023 348 Views 0 comment Print

The ITAT Ahmedabad dismissed rectification orders passed under Section 154 of the Income Tax Act, upholding the setting off of business loss against property income and income from other sources.

Addition for cash payment to builder in succeeding AY cannot be made in AY in dispute

July 21, 2023 2091 Views 0 comment Print

Uncover the details of the ITAT Ahmedabad ruling in Surendra Ramdhar Yadav vs ITO, where the tribunal condoned a 259-day delay in filing an appeal due to medical treatment. Explore the implications and impact of this case on the legal landscape.

Carrying Forward of Excess Application of Income When Receipts Are Less to succeeding year allowed

July 20, 2023 2289 Views 0 comment Print

ITAT Ahmedabad held that when application of income is more than receipts of year, excess application of income i.e., expenditure in the hands of the assessee can be carried forward to succeeding Year.

No Disallowance for Short Deduction of TDS under Section 40(a)(ia)

July 20, 2023 10542 Views 0 comment Print

An in-depth examination of the recent ITAT Ahmedabad verdict in the DCIT vs. Shiv Build case. The ruling highlights that no disallowance under Section 40(a)(ia) can be made for the short deduction of tax, creating a precedent for future cases.

Notice u/s 263 in the name of deceased person is invalid

July 19, 2023 1158 Views 0 comment Print

ITAT Ahmedabad held that notice issued under section 263 of the Income Tax Act in the name of a deceased person is invalid. Accordingly, order passed thereon is also invalide in the eyes of law.

Penalty u/s 271(1)(c) of Income Tax Act not imposable in absence of willful concealment

July 19, 2023 945 Views 0 comment Print

ITAT Ahmedabad held that no penalty can be imposed u/s. 271(1)(c) of the Act on account of disallowance of expenses incurred for increase of authorized share capital since no penalty can be imposed when there was no willful concealment.

Addition in case of bogus purchases restricted only to the extent of profit element

July 19, 2023 2118 Views 0 comment Print

ITAT Ahmedabad held that addition in case of bogus purchases are restricted only to the extent of profit element involved on such purchases. Accordingly, CIT(A) correctly restricted addition to the extent of 10%.

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