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ITAT Ahmedabad

Revisional jurisdiction u/s 263 duly invoked as AO failed to examine issue of purchase of land

May 13, 2023 447 Views 0 comment Print

ITAT Ahmedabad held that revisional power under section 263 of the Income Tax Act correctly invoked as AO failed to examine the issue of purchase of land in the light of provisions of section 56(2)(vii)(b) of the Income Tax Act.

Belated Section 139(3) Return – No prohibition to adjust brought forward losses 

May 13, 2023 633 Views 0 comment Print

assessee has filed the return of income belatedly for the year under consideration but there is no prohibition to adjust the brought forward losses against the income declared belatedly in the return of income under the provision of section 139(3) of the Act.

Tax consultant not followed tax demands – ITAT restores matter to CIT(A)

May 12, 2023 3927 Views 1 comment Print

ITAT noted that tax consultant of assessee has not followed all tax demands and necessary submissions made to Revenue Authorities during pre-covid period i.e. 06.08.2019 to 14.03.2020.

Mere Interest waiver will not Vitiate Genuineness of Loan Transaction

May 9, 2023 657 Views 0 comment Print

Merely the parties agreed to not to charge/pay interest on loan will not vitiate the genuineness of such loan transaction unless and until the revenue brought some cogent material on record to prove that such transaction of loan is not genuine.

Section 80P(2)(d) Deduction eligible to co-op societies on interest from Co-op Banks

May 8, 2023 3753 Views 0 comment Print

Provision of Section 80P(2)(d) of the Act does not make any distinction in regard to source of the investment because this Section envisages deduction in respect of any income derived by co-operative society from any investment with a co-operative society.

Section 234A interest in case of return filed U/s. 148 leviable from date of Section 148 notice

May 8, 2023 11625 Views 0 comment Print

CIT(A) was not right in levying interest under Section 234A of the Act when the return was filed under Section 148 itself and therefore, the interest should be charged from the date of notice under Section 148 of the Act itself and not from the date of return filed under Section 139 or it is due date under Section 139.

No Section 69A addition where cash deposits reflected as sales & accepted by Revenue

May 8, 2023 5877 Views 0 comment Print

ITO Vs Rajesh Kumar Chhanalal Patel (ITAT Ahmedabad) Ahmedabad ITAT upholds CIT(A) order deleting the addition of Rs. 86.75 Cr under Section 69A as Assessee’s unexplained income; Holds that the cash deposited in bank account cannot be treated as unexplained as the Revenue himself in the remand report and on verification accepted that the entire […]

Addition of unexplained closing cash balance unsustained as cash was generated from agricultural activity

May 6, 2023 894 Views 0 comment Print

ITAT Ahmedabad held that addition towards closing cash balance as unexplained cash credit u/s 68 unsustained as cash was generated from agricultural activity and revenue failed to discharge the onus of disproving the said contention of the assessee.

Addition without Considering Submissions of Assessee – ITAT restores matter

May 5, 2023 732 Views 0 comment Print

Rupa Mahesh Gandhi Vs ITO (ITAT Ahmedabad) As transpires from the orders of the authorities below, the addition to the income of the assessee on account of unexplained investment in Bombay Stock Exchange of Rs.25,21,525/- and unexplained source of payment of credit card amounting to Rs.3,45,000/- was made in the absence of any details submitted […]

TDS payment & Return Filing responsibility is of Person deducting the TDS

May 4, 2023 1857 Views 0 comment Print

Section 200 of the Act casts a duty on person deducting tax to pay the same within prescribed time to the credit of the Central Government. Section 200A of the Act draws out the procedure for processing of statements of tax deducted at source.

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