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ITAT Ahmedabad

ITAT allowed additional depreciation claim of Rs. 49.5 cr notwithstanding Authorities failed to appreciate Amended Provision of S. 36(1) (iia)

April 12, 2024 474 Views 0 comment Print

Tribunal allowed a claim of Rs. 49.5 crore in the interest of Principle of Natural Justice after finding that the respective authorities failed to appreciate the amended provision of Section 36(1)(iia) of the Income Tax Act, 1961, resulting in the denial of an additional depreciation claim.

Assessee’s Accountant Left Job: ITAT Remanded Case to Assessing Officer

April 10, 2024 4062 Views 0 comment Print

ITAT Ahmedabad remands case of Ramakushna Kiritbhai Tripathi Vs ITO due to accountant’s departure and lack of proper representation, emphasizing procedural fairness.

Change of Opinion Not Allowed, Section 54 Deduction to HUF for Property Purchase in Individual’s Name

April 9, 2024 6618 Views 0 comment Print

ITAT Ahmedabad ruling regarding Section 54 deduction to a Hindu Undivided Family (HUF) for property purchase in an individual’s name. The decision emphasizes the principle against allowing a change of opinion in reassessment proceedings, based on established legal precedents.

Section 263 Revisionary Powers Limited to Issues Addressed in Limited Scrutiny

April 9, 2024 486 Views 0 comment Print

In the case of Vijay Rajnikant Patel Vs PCIT, ITAT Ahmedabad rules that Section 263 revisionary powers are limited to issues addressed in limited scrutiny, ensuring adherence to CBDT instructions.

Developer engaged in “development” of new infrastructural facility eligible for Section 80 IA(4) deduction

April 4, 2024 297 Views 0 comment Print

Understand Section 80-IA(4) deductions: N.C.C. – M.S.K.E.L (J.V.) Vs Income Tax Officer (ITAT Ahmedabad) clarifies eligibility for developers.

No Section 270A Penalty if No Misreporting or Underreporting by Assessee

April 3, 2024 1758 Views 0 comment Print

Detailed analysis of Mahendra N. Patel Vs DCIT case where ITAT Ahmedabad nullifies penalty due to absence of misreporting or underreporting by the assessee.

ITAT Remands Matter, Imposes Cost on Assessee for Lack of Cooperation

March 31, 2024 357 Views 0 comment Print

Read about the ITAT Ahmedabad’s decision in the case of Vivekkumar S Bhavsar vs ITO, where the matter was remanded back to the AO due to lack of cooperation from the assessee. A cost of Rs. 5000 was imposed on the assessee, payable to the Prime Minister National Relief Fund.

Mathematical Errors cannot be said to be Failure to Disclose Material Facts: ITAT Ahmedabad

March 31, 2024 435 Views 0 comment Print

Ahmedabad ITAT rules in favor of Mehsana Urban Co-op. Bank Ltd., stating AO’s incorrect calculation isn’t failure to disclose, thus invalidating assessment reopening beyond 4 years.

Section 43B Doesn’t Apply where payment precedes claim of expenditure

March 31, 2024 5322 Views 0 comment Print

Read a detailed analysis of the case of DCIT vs. Flax Apparels Pvt. Ltd. where ITAT Ahmedabad ruled that Section 43B of the Income Tax Act, 1961 doesn’t apply when payment precedes the claim of expenditure.

ITAT Allows depreciation on car despite registration in Directors name

March 31, 2024 1299 Views 0 comment Print

Ahmedabad ITAT ruled that vehicles used for business purposes, even if owned by directors, are eligible for depreciation. Case analysis of Mukesh Trends Lifestyle Limited Vs DCIT.

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