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ITAT Ahmedabad

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 1863 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.

No section 263 revision if Assessment Order Itself turns to be Null & Void

April 25, 2023 2439 Views 0 comment Print

Once the assessment order passed itself is null and void, the same cannot be the subject matter revision under section 263 of the Act

ITAT quashes orders passed in casual manner by AO & CIT(A)

April 25, 2023 3207 Views 0 comment Print

ITAT held that both AO & CIT(A) passed orders in a very casual manner and in complete disregard to the principles of natural justice.

Section 54B exemption eligible on Agricultural Property purchased against Advance of Agricultural Property Sale

April 23, 2023 1401 Views 0 comment Print

Assessee should be allowed benefit of deduction under section 54B of Act since purchase in new property has been made out of advances received towards sale of agricultural properties held by assessee.

Proceedings u/s 153C invocable only when AO proves that material seized from third party belongs to assessee

April 22, 2023 2055 Views 0 comment Print

ITAT Ahmedabad held that invocation of proceedings u/s 153C of the Income Tax Act unsustainable as AO has not put on record that material seized during the course of third party search belongs to the assessee.

Section 50C not applies to Agricultural Land

April 22, 2023 6354 Views 1 comment Print

Legal battle: Anilkumar Kantilal Trivedi challenges ITO’s Section 50C addition on agricultural land sale. Appeal details and key arguments analyzed.

60% Depreciation Allowable on Software Licenses

April 22, 2023 1662 Views 0 comment Print

w.e.f. 1.4.1999 computer software been included with computers for rate of depreciation in Rules, entitling assessee to 60% depreciation rate

Payment of interest not made towards any infraction of law is allowable u/s 37

April 21, 2023 633 Views 0 comment Print

ITAT Ahmedabad held that payment of interest towards compromise agreement was not made towards any infraction of law and therefore, the same is allowable under section 37 of the Income Tax Act.

Disallowance of sales commission expense justified as genuineness not proved

April 21, 2023 2466 Views 0 comment Print

ITAT Ahmedabad held that disallowance of sales commission expenses justified as there was no basis and reason for paying the commission to these agents who even otherwise were closely related to the assesse.

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