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ITAT Ahmedabad

Limited scrutiny- AO cannot go beyond dispute raised in section 143(2) notice

May 23, 2022 6363 Views 0 comment Print

Jurisdiction of AO in cases where section 143(2) notices issued for limited scrutiny is confined to claims AO set out in notice

Competent authority not prescribed for measurement of distance between municipal limit and agricultural land

May 17, 2022 5766 Views 0 comment Print

There is no specific authority who has been designated as being the ‘competent authority’ to measure distance between the land sold and the municipal limits.

Section 69A Additions for mere non-cooperation with dept not justified

May 11, 2022 1884 Views 0 comment Print

Revenue cannot make the additions under Section 69A for the reason that assessee has not cooperated with the department.

Deduction for disputed service tax demand eligible in year of payment

May 11, 2022 2202 Views 0 comment Print

Corrtech International Pvt. Ltd. Vs DCIT (ITAT Ahmedabad) The Assessing Officer disallowed the claim of Service Tax on the ground that the said demand was related to earlier years and the said Service Tax liability of the assessee or the recipient was on that point of time disputed by the parties. The Assessing Officer has […]

Section 271E penalty cannot be Levied in absence of Regular Assessment

May 11, 2022 1770 Views 0 comment Print

Penalty under Section 271E is not permissible in the absence of regular assessment framed against the assessee by the Revenue.

Addition for amount received in earlier years cannot be made in subsequent years

May 10, 2022 1521 Views 0 comment Print

Imran Mohammed Iqbal Vs ITO (ITAT Ahmedabad) Considering the above facts, vis-à-vis the outstanding balance relating to M/s. Prakash Gold amounting to Rs. 12,05,026/-, the addition having been made finding it to be bogus, since the consistent finding of fact is that the transaction was entered into by the assessee with the said party not […]

CIT(A) should dispose of appeal on merits even if assessee is not interested in pursuing appeal

May 10, 2022 5703 Views 0 comment Print

Tejas Karshanbhai Dari Vs ITO (ITAT Ahmedabad) IYTAT held that  Ld. CIT(A) has not approached the matter judiciously and has dismissed the appeal of the assessee, by rejecting the application for condonation of delay, without assigning any specific reasons why the delay in filing appeal should not be condoned. There is no allegation to the […]

No prohibition for NRI for accepting gifts from relatives- ITAT deletes addition

May 9, 2022 642 Views 0 comment Print

There is no prohibition for the NRI for accepting the gifts from the relatives. In the absence of any prohibition, no adverse inference can be drawn against the assessee based on the prevailing system in the society.

ITAT deletes Section 56 addition for 1% difference in Valuation of Shares

May 9, 2022 363 Views 0 comment Print

Suzuki Suiting Pvt. Ltd. Vs I.T.O (ITAT Ahmedabad) Admittedly, the difference in the price of the share issued by the assessee and its fair market value and calculated and certified by the C.A. is barely 1% of its total value. The difference being Rs. 2.81 against the share value of Rs. 200/-, it is meager […]

Reasonable view of AO cannot be displaced in revisionary proceedings by any untenable or debatable view

May 8, 2022 399 Views 0 comment Print

A.O. had rightly endorsed the corroborated claim of the assessee in this regard, the PCIT, in our view, has attempted to substitute his wisdom by views of the A.O. without any definite basis. If the view of the PCIT towards the banakhat allegedly hollow or unenforceable is accepted, no income can be recognised at all.

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