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ITAT Ahmedabad

Deduction u/s 37(1) not available to pharmaceutical company gifting freebies to doctors

October 20, 2023 759 Views 0 comment Print

ITAT Ahmedabad held that the assessee (pharmaceutical company) is not entitled for claiming deduction under section 37(1) of the Income Tax Act on account of freebies given to the doctors.

ITAT Advocates Sparing Low-Income Women from Tax Assessment Burdens

October 19, 2023 2556 Views 0 comment Print

ITAT acknowledged that individuals like the appellant, often women with limited income sources, should be spared from the strenuous process of income tax assessments, especially when dealing with small amounts.

No addition u/s 2(14)(iii) as land sold was agricultural land & didn’t qualify as ‘Capital Asset’

October 18, 2023 2055 Views 0 comment Print

Land sold by assessee was agricultural Land and did not qualify as capital asset in terms of Section 2(14)(iii) as it was subsequent to purchase of land, its use was changed to non-agriculture purpose, therefore, the capital gain earned on the piece of land as not being liable to tax.

Unjustified Section 68 Addition: Gold Sale Cash Receipts Recorded in Books

October 17, 2023 2325 Views 0 comment Print

ITAT Ahmedabad rules on the treatment of cash receipts from sale of gold/gold ornaments in case of Abhishek Prakashchand Chhajed Vs ITO.

Payment of gratuity premium to LIC is allowable as business expenditure

October 17, 2023 3420 Views 0 comment Print

ITAT Ahmedabad held that gratuity premium paid to LIC was to be treated as business expenditure and the same is allowable under section 37(1) of the Income Tax Act.

Non-resident Services to Foreign Clients Exempt from Section 9 Provisions

October 14, 2023 1176 Views 0 comment Print

Learn about Shell Global Solutions International BV vs. DCIT case. Non-residents providing services outside India for foreign clients aren’t subject to Section 9 tax.

Corpus donations being capital in nature is not taxable

October 10, 2023 4656 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 1074 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 1830 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 2085 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).

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