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ITAT Ahmedabad

New issue cannot be raised by Department while filing Cross Objection

February 5, 2021 1152 Views 0 comment Print

By way of present ground of CO, the Revenue intends to rake up altogether a new situation. The ld.AO did not take any action for recasting of the balance sheet by observing that expenditure debited in the work-in-progress has not been claimed in the profit & loss account.

Reopening without bringing any fresh material on record is invalid

February 2, 2021 1137 Views 0 comment Print

DCIT Vs Jateen Madanlal Gupta (ITAT Ahmedabad) On perusal of the reasons recorded by the AO, we find that the AO at the threshold has recorded that it is seen that the assessee is having substantial share in ‘JPIL’ which has advanced loan to the companies namely M/S Gujarat Mall Management Pvt. Ltd, and M/S […]

Gain from Sale of Equity share taxable as capital gain for Lack of regularity & isolated instances

January 29, 2021 1011 Views 0 comment Print

Swatiben Anilbhai Shah Vs DCIT (ITAT Ahmedabad) The solitary issue for adjudication on merits is whether gains arising on sale of certain quantity of shares of a company, namely, Pyramid Siamira Theatre Ltd. (PSTL) by the assessee in the relevant assessment order is required to be taxed under the head ‘capital gains’ as offered by […]

Section 50C Stamp value as on date of agreement or date of registration?

January 29, 2021 2586 Views 0 comment Print

Ashok Vadilal Patel Vs ITO (ITAT Ahmedabad) The dispute between the assessee and the Revenue is, for the purpose of section 50C, which rate is to be deemed as full consideration for the sale of this property for purpose of section 48 of the Act ? According to the assessee, the rate should be adopted […]

AO cannot invoke Section 68 merely for Unsatisfactory Explanation from Assessee

January 17, 2021 3282 Views 0 comment Print

Assessing Officer is not obliged to invoke Section 68/s.69 of the Act in every case where the explanation offered is found to be ‘unsatisfactory’ in the opinion of the Assessing Officer.

Reopening to seek Investigation of facts is not permissible

January 4, 2021 843 Views 0 comment Print

Sujay Pankajbhai Shah Vs ACIT (ITAT Ahmadabad) A bare glance of the reasons recorded gives an unflinching impression that powers exercised under section 147 of the Act was to enable the AO to carry out detailed verification of the various aspects of such matter in reference made to the AO herein by the office of […]

Foreign Currency Forward Contract loss for foreign currency liability allowable

January 4, 2021 1485 Views 0 comment Print

Deep Industries Ltd. Vs DCIT (ITAT Ahmedabad) Assessee in the present case has secured such loss with respect to the liability in foreign currency which may arise at the time of payment by way of taking of forward contract. The assessee to secure the loss on account of foreign currency fluctuation has taken a forward […]

Disallowance for Advancement of interest-free loan for non-business purpose out of mixed funds

December 11, 2020 2043 Views 0 comment Print

DCIT Vs Gayatri Construction (ITAT Ahmedabad) Ld. counsel has submitted that advances were given to Ramjibhai and Company for business purpose and petrol and diesel was also purchased from them. The ld. Counsel has also contended that assessee was having interest free fund of Rs. 64,75,145/-. The ld. counsel has also placed reliance on the […]

Capital Loss cannot be treated as Bogus merely for unusual rise/ fall in price of Shares

December 11, 2020 1665 Views 0 comment Print

DCIT Vs Ganesh Plantation Ltd. (ITAT Ahmadabad) AO on one hand has recorded his finding with respect to the shares of certain companies that its face value stands at ₹10 but the assessee has purchased the same at a higher value. The basis of arriving at the conclusion that the assessee has purchased the shares […]

Depreciation on multi-functional printer with xerox Feature

December 9, 2020 7692 Views 0 comment Print

Dimple Vishal Agrawal  Vs ITO (ITAT Ahmedabad) ITAT held that assessee is entitled for depreciation at the rate of 60% of xerox machine WV-5745. The simple reason is that the ld.CI(A) failed to comprehend true nature of this asset. It has been treated as photo-state machine without going through literature of the machine supplied by […]

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