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ITAT Ahmedabad

Assessee cannot be held accountable for Client Code Modification Error by Broker

July 16, 2023 1071 Views 0 comment Print

The Ahmedabad ITAT overturned a decision by the CIT(A), ruling in favour of Ketan M. Chalishazar HUF on an error made by his broker during a share transaction. The tribunal highlights the importance of accurate code modifications.

Section 80P: Commercial Activity Income Ineligible for Deduction

July 16, 2023 1662 Views 0 comment Print

Review the details and consequences of the ITAT Ahmedabad’s ruling in Jetalpur Seva Sahkari Mandali Limited vs DCIT that income from commercial activity cannot be claimed as a deduction under Section 80P of the Income Tax Act.

Section 147 Assessment Invalid if Based on Cash Deposit Information Alone

July 15, 2023 4653 Views 0 comment Print

In a significant ruling, ITAT Ahmedabad deemed an assessment under Sec 147 of the Income Tax Act, based solely on cash deposit information, as invalid in the case of DineshkumarDalsangbhai Chaudhary Kankavati Society Vs ITO.

Mere passport insufficient to confirm assessee’s US tax residency

July 14, 2023 801 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 561 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 10413 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 1380 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 699 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 732 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 3972 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.

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