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ITAT Ahmedabad

No Section 271(1)(c) penalty if Assessee allowed section 80IA(4) deduction subsequently

January 30, 2025 354 Views 0 comment Print

ITAT Ahmedabad dismisses penalty for disallowance of deduction under section 80IA(4), ruling in favor of the assessee as a developer.

Addition u/s. 68 deleted as identity, genuineness and creditworthiness of lenders established

January 30, 2025 213 Views 0 comment Print

ITAT Ahmedabad held that additions under section 68 of the Income Tax Act is not sustainable since assessee established identity, genuineness and creditworthiness of the lenders. Accordingly, addition u/s. 68 deleted.

ITAT Sets Aside 80G Rejection Due to Incorrect Assumption by CIT(E)

January 30, 2025 348 Views 0 comment Print

ITAT Ahmedabad remands 80G application rejection, citing an incorrect assumption about 12A registration status. Case sent back for fresh consideration.

Appellant’s unawareness of e-proceedings: ITAT Remands Case for Reassessment

January 30, 2025 786 Views 0 comment Print

Summary of ITAT Ahmedabad’s decision in Anantrai Vithalbhai Parmar vs. CIT (Appeals) for AY 2017-18. Case remanded for reassessment, emphasizing natural justice.

Registration u/s. 12AB to trust having objects confined to particular community rightly denied

January 30, 2025 180 Views 0 comment Print

ITAT Ahmedabad held that the Assessee Trust being purely a religious activities of particular Community is not entitled for registration as a specified violation under Explanation [d] of Section 12AB(4) of the Income Tax Act.

Assessments restored back to CIT(A) due to non-cooperation by assessee: ITAT Ahmedabad

January 29, 2025 201 Views 0 comment Print

ITAT Ahmedabad held that entire assessments has been restored to the file of CIT(A) for de novo consideration since assessee was found to be absolutely non-cooperative and took every step to thwart/stonewall the assessment proceedings.

ITAT Upholds CIT(A) Order deleting Section 40A(3) ₹12.92 Cr Addition

January 29, 2025 588 Views 0 comment Print

ITAT Ahmedabad affirms CIT(A)’s deletion of ₹12.92 crore tax addition under Section 40A(3), relying on past gross profit rates and valid agricultural purchases.

Addition Under Section 56(2)(vii)(b) Without DVO Valuation Invalid

January 29, 2025 204 Views 0 comment Print

ITAT Ahmedabad held that addition under section 56(2)(vii)(b) of the Income Tax Act without referring valuations of property to DVO as per the provisions of sec-50C of the Income Tax Act is liable to be deleted. Accordingly, appeal allowed.

Exemption u/s. 11 and 12 available as agreement entered didn’t violated purpose of charity

January 28, 2025 141 Views 0 comment Print

ITAT Ahmedabad held that agreement for transfer of operations, management and movable assets didn’t violated the purpose of charity and hence exemption under section 11 and 12 of the Income Tax Act duly available.

Services doesn’t qualify as FTS as make available condition not satisfied: ITAT Ahmedabad

January 28, 2025 285 Views 0 comment Print

ITAT Ahmedabad held that services do not qualify as Fee for Technical Services [FTS] under India-Netherlands tax treaty since department failed to demonstrate that technology was ‘make available’ to recipient of services.

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