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ITAT Ahmedabad

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

July 5, 2023 723 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 3963 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 1032 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 2475 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 510 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.

Benefit of exemption u/s 11(1)(a) and 11(2) not available to deemed income u/s 11(3)

June 30, 2023 4953 Views 0 comment Print

ITAT Ahmedabad held that benefit of exemption under Section 11(1)(a) and 11(2) of the Income Tax Act is not available to “deemed income” under Section 11(3) of the Income Tax Act

Addition of Bogus Capital Gains from Penny Stock Transaction Upheld

June 27, 2023 5196 Views 0 comment Print

ITAT Ahmedabad confirmed addition on account of bogus long term capital gains from transaction in penny stock observing that mere filing documentary evidences did not discharge onus cast on the assessee to prove genuineness of the transaction.

Addition towards trading in penny stock sustained for lack of assistance during appeal proceedings

June 27, 2023 510 Views 0 comment Print

ITAT Ahmedabad sustained the addition on account of trading in penny stock of shell company as assessee failed to attain personal hearing inspite of various occasion.

ITAT deletes Penalty on income tax refund Interest & Section 14A Additions

June 27, 2023 948 Views 0 comment Print

In Sunrise Broking P. Ltd. Vs ITO, ITAT Ahmedabad abolishes penalty over additions made to interest on income tax refund, recognizing no concealment or inaccuracy in the income particulars.

ITAT Exempts corpus donation of Gold for art gallery of temples u/s 11(1)(d) 

June 25, 2023 609 Views 0 comment Print

The ITAT Ahmedabad ruled in favor of Shree Swaminarayan Bhagwan, a religious trust, exempting a gold donation from tax under Section 11(1)(d) of the Income Tax Act. The gold donation was utilized for the creation of an art gallery, thereby qualifying as corpus donation.

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