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ITAT Ahmedabad

Investment by Husband Can’t Be Taxed in Wife’s Hands – Addition for Joint Property Deleted

August 6, 2025 1158 Views 0 comment Print

ITAT Ahmedabad ruled on Naliniben Dipakbhai Patel vs ITO, deleting an addition under Section 69A, stating investment source investigation belongs to the actual investor.

Reimbursement of CAM Charges from Tenant Not Taxable as Rental Income

August 6, 2025 5592 Views 0 comment Print

ITAT Ahmedabad clarifies that common area maintenance charges recovered from a sub-tenant, when reimbursed against actual expenses, are not rental income.

Finance Act 2022 Amendment Not Applicable Retrospectively to Trust’s Accumulated Funds

August 6, 2025 741 Views 0 comment Print

ITAT Ahmedabad rules on Krishnanagar Vaishnvsamaj vs. ITO, allowing a trust to claim deduction for income utilized within the original extended timeframe, despite a recent amendment.

No addition On mere Money Declaration by Builder Without Independent Evidence

August 6, 2025 933 Views 0 comment Print

Ahmedabad ITAT deletes Rs. 8.01 lakh income addition based on third-party disclosure, emphasizing the need for independent evidence and cross-examination.

ITAT Restores Cash Deposit Case Due to Unexamined Debits & Additional Evidence

August 5, 2025 813 Views 0 comment Print

The ITAT Ahmedabad has restored a case involving unexplained cash deposits of Rs. 18.32 lakh to the Assessing Officer, citing a failure to examine debit entries and additional evidence, and condoning a 323-day delay in appeal filing.

ITAT Denies 80G Exemption to Educational Trust Over Unjustified Donations to Other Trusts

August 5, 2025 729 Views 0 comment Print

ITAT Ahmedabad denies 80G exemption to an educational trust, citing its failure to justify donations made to other trusts.

Addition u/s. 68 towards unexplained cash credit not justified as cash sales already accepted as genuine

August 4, 2025 996 Views 0 comment Print

ITAT Ahmedabad held that once cash sales are accepted as genuine for the purpose of determining profit, the same cannot be added again as unexplained cash credit by invoking provisions of section 68 of the Income Tax Act. Accordingly, appeal of revenue dismissed.

Tribunal to Assessee: No new claims in 147 or Section 154 proceedings

August 4, 2025 1005 Views 0 comment Print

ITAT Ahmedabad rules on the admissibility of new claims during reassessment and appellate proceedings, distinguishing between the limited scope of Section 147 and the broader jurisdiction of appellate authorities.

Receipt from surrender of Life Insurance Policy cannot be added u/s. 68 as unexplained money

August 4, 2025 372 Views 0 comment Print

ITAT Ahmedabad held that amount received as refund for surrender of Life Insurance Policy cannot be treated as unexplained money under section 68 of the Income Tax Act. Accordingly, appeal allowed and addition deleted.

Failure to file return u/s. 139(1) doesn’t constitute under-reporting within section 270A(2)(b): Penalty deleted

August 4, 2025 2193 Views 0 comment Print

ITAT Ahmedabad held that mere filing of return in response to notice u/s. 148 does not ipso facto justify the invocation of section 270A(2)(b), unless there is a demonstrable act of under-reporting in substance. Thus, penalty deleted as failure to furnish return u/s. 139(1) doesn’t constitute under-reporting.

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