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ITAT Ahmedabad

No Section 271(1 )(c) penalty on addition under Section 50C

January 13, 2023 8742 Views 0 comment Print

Assessee not liable for penalty under Section 271(1 )(c) when an addition is being made with the help of deeming provision of Section 50C

Adoption of one possible course doesn’t make order erroneous and revision thereon not permissible

January 12, 2023 483 Views 0 comment Print

ITAT Ahmedabad held that adoption of one of the courses permissible in law which resulted in to loss of revenue cannot be treated as erroneous order and accordingly invocation of revision proceedings u/s 263 unjustifiable.

Addition merely based on SCN issued by Excise Department not sustain if CESTAT decided in favour of assessee

January 12, 2023 1098 Views 0 comment Print

Zirconia Cera Tech Glazes Vs DCIT (ITAT Ahmedabad) ITAT find that in this case the basis of addition is contents of show-cause notice issued by the Excise Department. An investigation was carried out by DGCEI at assessee premises, wherein it was alleged by the Excise Department that assessee has not declared actual assessable value of […]

Car Showroom Renovation expenses allowable as ‘Revenue’ expense

January 12, 2023 1521 Views 0 comment Print

The Assessing Officer issued a show-cause notice why the renovation expenses of four showrooms should not be treated as capital expenditure and allow appropriate depreciation.

Expense having no nexus with Income from other sources cannot be allowed

January 12, 2023 645 Views 0 comment Print

Nirav Dilipkumar Desai Vs ITO (ITAT Ahmedabad) The Assessing Officer observed that the assessee has shown Rs. 11,86,798/- under the head “income from other sources” and in the schedule of other sources. The assessee has shown Rs. 41,15,221/- and claimed expenses of Rs. 29,28,423/-. The Assessing Officer further observed that the expenses claimed has no […]

No deduction u/s 37(1) for expenses incurred by doctor on organizing musical programme, sponsoring garba event and gifts to fellow doctors

January 9, 2023 1482 Views 0 comment Print

Expenses incurred by assessee-doctor on organizing musical programme for his professional colleagues, sponsoring garba event organized in the society where he resided and gifts given to fellow doctors on the occasion of marriage or diwali could not be said to be allowable under section 37 for computing his taxable income as all these expenses, could not be said to have been incurred wholly and exclusively for the profession of the assessee so as to qualify for deduction u/s 37(1).

Receipt of amount via banking channel doesn’t make transaction genuine

January 8, 2023 3807 Views 0 comment Print

ITAT Ahmedabad held that mere receipt of amount via banking channel doesn’t make the transaction as genuine. Addition u/s 68 of the Income Tax Act sustainable because of non-establishment of identity of creditor, genuineness of transaction and credit worthiness of the parties.

Addition based on Information from NSE not valid if Assessee not given sufficient time

January 8, 2023 852 Views 0 comment Print

Lilaben Bhagabhai Patel Vs ITO (ITAT Ahmedabad) CIT(A) has categorically observed that the print out of share trading from the brokers related to share transaction statement was unsigned documents and the Assessing Officer has taken the loss on the basis of information provided by National Stock Exchange, Bombay. It is pertinent to note that the […]

Interior expenses on rented premises cannot be categorized as capital in nature

January 8, 2023 4098 Views 0 comment Print

Ved Indian Heritage Haat Foundation Vs ITO (ITAT Ahmedabad) Admittedly, the assessee is running its business from the rented premises which was taken for the lock in period of 60 months. Furthermore, in the rent agreement, there was the clause of renewal of the agreement. Accordingly, AO was of the view that the expenditures incurred […]

Shares can be hold as both investment and stock-in-trade

January 8, 2023 4902 Views 0 comment Print

ITAT Ahmedabad held that as per CBDT circular no. 4/2007 dated 15.6.2007 and 6/2016 dated 29-2-2016, person can hold shares as both investment and stock-in-trade Accordingly income will be taxable based on the type in which share is hold.

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