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ITAT Ahmedabad

TDS credit eligible to dedcutee despite non-payment or non-response to notices by deductor

May 4, 2023 1887 Views 0 comment Print

Paulomi Iyer Vs DCIT (ITAT Ahmedabad) At the outset, we note that this is second round of litigation before us. The background of case is that the assessee is an individual and engaged in the profession of service provider. During the year under consideration, the assessee provided services of SAP implementation to one of her […]

If re-assessment order quashed than penalty levied has no legs to stand

May 4, 2023 1749 Views 0 comment Print

Since quantum appeal itself is being quashed, penalty levied as against reassessment order for furnishing inaccurate particulars has no legs to stand and same is liable to be quashed.

Brought forward unabsorbed depreciation can be set-off against income from other sources allowed

May 4, 2023 4002 Views 0 comment Print

ITAT Ahmedabad held that the assessee is entitled to claim of unabsorbed brought-forward depreciation to be set off against income from other sources as available during the year.

Mere cash deposit in bank not sufficient to believe Escapement of Income

May 3, 2023 2595 Views 0 comment Print

Only information in possession of AO for assuming jurisdiction to reopen case was that of cash deposited in bank account of assessee

Deduction u/s 80IAB available to interest income from FD, customer’s receipts and business advances

May 1, 2023 1068 Views 0 comment Print

ITAT Ahmedabad held that interest income related to FD interest, interest from customer’s receipts and interest income from business advances is eligible for deduction under section 80IAB of the Income Tax Act.

Deduction u/s 10AA claimed in revised return cannot be disallowed

April 28, 2023 1221 Views 0 comment Print

ITAT Ahmedabad held that deprival of deduction u/s 10AA of the Income Tax Act merely on the reasoning that deduction was claimed in the revised return or audit report in Form 56F was filed during the assessment proceedings is unjustified.

ITAT restore matter to AO as matter was not properly argued before AO for bonafide reasons

April 26, 2023 702 Views 0 comment Print

Kishoresinh Hemantsinh Chudasama Pipali Vs DCIT (ITAT Ahmedabad) Undisputedly, before the ld. CIT(A), none-appeared on behalf of the assessee and the appeal was decided ex parte. I have also gone through the Form no. 35 filed before the ld. CIT(A) and find that the assessee has rightly mentioned that email-id mentioned therein was that of […]

ITAT dismisses Appeal of HUF whose Karta was expired for non-pursual

April 26, 2023 726 Views 0 comment Print

Ishwarbhai Madhavlal Patel-HUF Vs ITO (ITAT Ahmedabad) In the present case, the Karta of HUF having expired in the year 2021 itself when this information was first provided and since then revised Form No. 36 in the name of the legal-heirs or representative of the deceased-assessee is not be filed as provided in Rule 26 […]

Addition for cash deposit in bank based on reopening without application of mind deleted

April 26, 2023 1782 Views 0 comment Print

Basic fact that assessee is not eligible for filing return of income was not taken into account and therefore, there was no application of mind while recording reasons for reopening.

Penalty u/s 271(1)(c) not leviable as deduction claimed under bonafide belief

April 25, 2023 1845 Views 0 comment Print

ITAT Ahmedabad held that penalty under section 271(1)(c) of the Income Tax Act not leviable as assessee claimed the deduction u/s. 80P(2)(a)(i) of the Act, with respect to the interest income under a bonafide belief.

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