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ITAT Ahmedabad

Mere passport insufficient to confirm assessee’s US tax residency

July 14, 2023 786 Views 0 comment Print

An in-depth analysis of the case Parag Bhikhubhai Patel vs ITO, exploring implications of using passports to confirm US tax residency for NRIs under India-USA Tax Treaty

Addition u/s 68 unsustainable as onus with respect to receipt of share application money discharged

July 12, 2023 549 Views 0 comment Print

ITAT Ahmedabad held that the assessee has discharged the onus cast under section 68 of the Act with respect to receipt of share application money. Accordingly, addition under section 68 of the Income Tax Act not sustained.

Renting income from business of letting out house properties is taxable as business income

July 11, 2023 10260 Views 0 comment Print

ITAT Ahmedabad held that assessee was engaged in business of leasing out its house properties to earn rent, income so earned as rent should be treated as business income, and not as income from house property.

When AO of searched person and other person is same there is no requirement to record satisfaction

July 11, 2023 1332 Views 0 comment Print

ITAT Ahmedabad held that when AO of searched person and other person is same, there is no mandatory requirement for AO of searched person to record satisfaction of material having found belonging to the person for valid jurisdiction under section 153C of the Income Tax Act.

Gift from aunt shown as credits to capital account cannot be added as unexplained credits

July 7, 2023 684 Views 0 comment Print

ITAT Ahmedabad held that addition as unexplained credits to capital account unsustainable as gift from assessees aunt shown as credits to capital account.

Reduce Section 80IA/80IB deduction from Business Profits for 80HHC deduction

July 5, 2023 705 Views 0 comment Print

The recent ITAT ruling underlines that the deductions under sections 80IA/80IB should be subtracted from business profits when computing the deduction U/S. 80HHC. This is a comprehensive review of the case ITO vs Madhusudhan Industries.

Section 40(a)(ia) of Income Tax Not Applicable in Case of Short Deduction of TDS

July 5, 2023 3927 Views 0 comment Print

In a landmark judgment, ITAT Ahmedabad overrules PCIT’s order, upholding that section 40(a)(ia) of the Income Tax Act cannot be invoked in case of short TDS deduction.

Charitable Organization not to be deprived of section 11 exemption for Technical Lapses

July 5, 2023 1026 Views 0 comment Print

A detailed analysis of the ITAT Ahmedabad’s ruling in Bhutakia Bhimasar Vs PCIT, where it was held that a charitable organization should not lose tax exemption benefits due to technical lapses.

No Penalty u/s 271(1)(c) for mere Incorrect Claim

July 4, 2023 2424 Views 0 comment Print

ITAT Ahmedabad held that making of incorrect claim in law cannot tantamount to furnishing of inaccurate particulars or concealment of income. Therefore, the penalty under section 271(1)(c) of the Income Tax Act not sustainable.

Failure to collect TCS – ITAT quashes order passed beyond limitation period

July 1, 2023 489 Views 0 comment Print

In Nisarahmed Abdulsattar Vs. ITO, ITAT Ahmedabad quashes the Assessment Order for failure to collect TCS on the sale of metal scrap before the limitation period. Read the full order here.

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