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ITAT Ahmedabad

No Section 41(1) addition for unexplained purchases if amount shown as payable in balance sheet

June 16, 2021 2457 Views 0 comment Print

Yagnesh Dayabhai Vyas Vs ITO (ITAT Ahmedabad) Ld. A.R. cited a judgment of ITAT Delhi Bench in the matter of Smt. Sudha Loyalka vs. ITO where A.O. made addition to assessee’s income under section 69C in respect of amount payable to creditors towards purchases, in view of fact that said purchases were duly recorded in […]

Income assessed by CPC, Bangalore cannot be taken as returned income

June 8, 2021 2664 Views 0 comment Print

Ranuj Nagrik Sahakari Bank Ltd. Vs ITO (ITAT Ahmedabad) Assessee has filed return of income declaring total income at Rs.32,01,050/-which was processed by the CPC, Bangalore under section 143(1) and assessed at Rs.37,66,259/-. In the scrutiny assessment under section 143(3), the ld.AO has taken the income of Rs.37,66,259/- assessed under section 143(1) by the CPC […]

TDS not Deductible on issue of Mobile Recharge Vouchers

June 4, 2021 4203 Views 0 comment Print

Vodafone India Ltd. Vs ACIT (ITAT Ahmedabad) Where assesse engaged in business of providing mobile telephone services, sold prepaid vouchers to its distributors at a rate lower than its face value, difference between face value and selling price of prepaid voucher could not be regarded as commission requiring deduction of tax at source under section […]

Appellate Authority can exercise Power under Rule 46A suo-motu without any application from any of contesting party

May 6, 2021 636 Views 0 comment Print

DCIT Vs Kewalram Textile Pvt. Ltd. (ITAT Ahmedabad) The power of the appellate authority to direct for the production of a document or examination of the witness as a matter of fact is in furtherance of any enquiry contemplated by Section 250(4) of the Act is contained in sub Rule 4 of Rule 46-A of […]

Repayment of Loans Mitigates Invocation of Section 68 When Genuineness Proved

April 19, 2021 3510 Views 0 comment Print

Shree Samruddhi Overseas Trading Co. Vs DCIT (ITAT Ahmedabad) It is submitted on behalf of the assessee that the assessee had taken a temporary loan of Rs.8 Lakhs and Rs.2 Lakhs aggregating Rs.10,00,000/- in the month of June 2012 from Shri Rakesh Vallabhbhai Swadia. The loan so obtained was also repaid in the month of […]

Section 54F deduction allowable on amount deposited within extended time limit of filing of return U/s. 139(4)

April 15, 2021 2310 Views 0 comment Print

Dipal Suresh bhai Patel Vs ITO (ITAT Ahmedabad) The case of the Revenue is this that the unutilized amount of sale consideration since not deposited in the capital gain account within the time limit prescribed under Section 139 of the Act, benefit of claim of capital gain under Section 54F cannot be extended to the […]

Section 56(2)(viib) not applies to share issue at face value to Shareholders under Amalgamation Scheme

April 13, 2021 3828 Views 0 comment Print

DCIT Vs Ozone India Ltd. (ITAT Ahmedabad) In the instant case, pursuant to amalgamation, all assets, liabilities, undertaking of the amalgamating company (KEPL) are agreed to be vested in the amalgamated company( the Assessee) as a going concern. The amalgamated company has issued 300 equity shares of its company at face value for each shares […]

No Section 153C addition in case no incriminating material found

April 12, 2021 2493 Views 0 comment Print

ACIT Vs Himalaya Darshan Developers (Gujarat) Pvt. Ltd. (ITAT Ahmedabad) The question that arises for our adjudication whether the document in the form of tally and balance sheet found during the course of search is an incriminating document in nature. In our considered view such document are not an incriminating material, as such those documents […]

Revenue cannot decide what is ‘commercial expediency’ for Business

April 8, 2021 13197 Views 0 comment Print

DCIT Vs Deloitee Haskins and Sells (ITAT Ahmedabad) The first controversy that arises for our adjudication whether the interest free advances were given by the assessee to its group concern as a measure of commercial expediency in the given facts and circumstances. The expression “commercial expediency” refers to those transactions/ expenditures which are not required […]

Section 14A disallowance not to be added for computation of section 115JB Book Profit

April 8, 2021 2007 Views 0 comment Print

Disallowance made under section 14A was not to be added for computing the book profit, therefore, AO had not erred in directing to exclude difference under section 14A for computing the big profit under section 115JB.

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