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ITAT Ahmedabad

Income Tax Penalty u/s 271(1)(b) & 271F not leviable as reasonable cause shown

March 11, 2023 8946 Views 0 comment Print

ITAT Ahmedabad held that penalties under section 271(1)(b) and section 271F of the Income Tax Act are not leviable on reasonable cause demonstrated by the assessee.

Penalty u/s 271(1)(c) of Income Tax Act not leviable for mere rejection of claim

March 11, 2023 1476 Views 0 comment Print

ITAT Ahmedabad held that as all the particulars duly furnished by the assessee relating to source of investment, mere rejection of the claim of the assessee cannot invite levy of penalty under section 271(1)(c) of the Income Tax Act. Accordingly, penalty deleted.

Provisions 45 of Income Tax Act applies to compensation received from allotment of proposed building

March 10, 2023 1971 Views 0 comment Print

ITAT Ahmedabad held that compensation received from proposed building by way of allotment is extinguishment of right in relation to capital asset and hence provisions of section 45 of the Income Tax Act gets applicable.

Addition towards unsecured loans unsustainable as genuineness established

March 6, 2023 2949 Views 0 comment Print

ITAT Ahmedabad held that all necessary details and evidences to establish genuineness of the unsecured loans duly furnished by the assessee, accordingly, addition towards the same unsustainable.

Depreciation on licenses software allowable at the rate of 60%

March 4, 2023 1881 Views 0 comment Print

ITAT Ahmedabad held that depreciation on licenses software is allowable at the rate of 60% and not at the rate of 25% as alleged by the revenue.

On-money receipts taxable as unaccounted sales only to the extent of net profit rate

February 28, 2023 3063 Views 0 comment Print

ITAT Ahmedabad held that entire receipts on account of on-money-premium charged would not to be treated as the undisclosed income but only net profit rate could be applied on unaccounted sales/receipt for the purpose of making addition.

TDS to be deducted as per Tax Treaties rates even when PAN of non-resident payee not available

February 27, 2023 6816 Views 0 comment Print

ITAT Ahmedabad held that in case of payments to non-resident, when PAN of non-resident payee is not available, TDS is to be deducted at the rates applicable in respective Tax Treaties.

Addition based on mere statement without independent finding is unsustainable

February 27, 2023 1833 Views 2 comments Print

ITAT Ahmedabad held that addition on the basis of statement of director without independent finding given by the Assessing Officer is unsustainable in law.

Non-repayment of loan advanced to subsidiary company is allowable business loss

February 25, 2023 3387 Views 0 comment Print

ITAT Ahmedabad held that loss on account of non-repayment of loan advanced to subsidiary company for the purpose of incorporation of business is an allowable business loss.

No penalty can be levied if income already taxed in the hands of another entity

February 22, 2023 3399 Views 0 comment Print

Income which was sought to be taxed in the hands of the assessee had already been taxed as income in the hands of another entity so no penalty leviable

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