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ITAT Ahmedabad

TDS not deductible on Commission earned by Foreign Agents Outside India

March 30, 2024 678 Views 0 comment Print

In a landmark decision, ITAT Ahmedabad rules in favor of Globe Textiles (India) P. Ltd., stating no TDS deduction necessary on commission income earned by foreign agents outside India.

No Section 35(1)(ii) deduction on Donation to ineligible Scientific Research Trust 

March 30, 2024 714 Views 0 comment Print

ITAT Ahmedabad ruled against C K Zipper Pvt Ltd, disallowing deduction under Section 35(1)(ii) of Income Tax Act for donations to ineligible research trust.

Section 251 not empowers CIT(A) to discover new income source: ITAT Ahmedabad

March 28, 2024 720 Views 0 comment Print

Analysis of Rotex Enterprises P. Ltd. Vs DCIT case: CIT(A) exceeded jurisdiction under section 251, ITAT Ahmedabad rules, disallowances unsustainable.

ITAT quashes Section 263 revision order in absence of any invalidity in JDA amendment 

March 27, 2024 294 Views 0 comment Print

Read the full text of the ITAT Ahmedabad order where the revision order against Rameshlal Bullchand Ambwani is quashed due to lack of valid reasons for JDA amendment.

Section 263 Assessment: AO Obliged to Apply Mind & Pass Reasoned Order

March 22, 2024 1047 Views 0 comment Print

The computation of income by AO giving effect to CIT’s direction was an assessment order which was appealable. The order passed by CIT(A), therefore, holding the assessment order to be not appealable was incorrect in law.

Section 263 cannot be invoked if here is no prejudice against revenue

March 21, 2024 435 Views 0 comment Print

Ahmedabad ITAT quashes Sec 263 order in Soham Buildcon vs PCIT-3 case, citing absence of twin conditions for exercising power under the provision. Full text analysis provided.

Deemed Short-Term Capital Gains from Depreciable Asset Sale Eligible for Setoff Against Long-Term Capital Loss

March 21, 2024 624 Views 0 comment Print

Explore how DCIT vs. Claris Lifesciences Limited case sets precedent for setting off deemed short-term capital gain on sale of depreciable against long-term capital loss.

Penny Stock Sale Not ‘Unaccounted Income’ if Purchase not doubted

March 21, 2024 552 Views 0 comment Print

ITAT Ahmedabad overturns AO’s decision, ruling that penny stock sale cannot be treated as unaccounted income if the purchase is genuine. Details of the case and verdict provided.

Receipt as confirming party on sale of right is income taxable under capital gain: ITAT Ahmedabad

March 21, 2024 1896 Views 0 comment Print

ITAT Ahmedabad held that amount received as confirming party on sale of right is considered as receipts on sale of capital asset and accordingly, income is held as income from long term capital gain.

CIT(A) Can’t dismiss Appeal U/s. 250 without Discussion on Merit: ITAT Ahmedabad

March 20, 2024 1431 Views 0 comment Print

Babubhai Ramanbhai Patel vs DCIT – Ahmedabad ITAT rules CIT(A) must discuss case merits before dismissing appeal for non-prosecution. Full analysis here.

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