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ITAT Ahmedabad

Proportionate disallowance u/s 35AD justifiable as only one godown used for non-agricultural purpose

April 18, 2023 1512 Views 0 comment Print

ITAT Ahmedabad held that proportionate disallowance u/s 35AD of the Income Tax Act is justifiable as only one godown is used for non-agricultural purposes, whereas, other four go-downs are used for agricultural purposes only.

If last working day is holiday then authority can undertake compliance on next working day

April 17, 2023 3828 Views 0 comment Print

ITAT Ahmedabad held that as per provisions of section 10 General Clause Act, if last working day happens to be a holiday then the authorities concerned have been given power to make the necessary compliance on the next working day.

Reassessment based on Incorrect Facts is Invalid

April 15, 2023 1563 Views 0 comment Print

Bhaveshbhai Manilal Patel Vs ITO (ITAT Ahmedabad) In this case by Information noted by the AO of cash deposits of Rs.10.00 lakhs in the bank account of the assessee leading to belief of escapement of income, has been duly demonstrated before me to be incorrect. The actual cash deposits were only to the tune of […]

Rectification u/s 154 of non-inclusion of surrendered income in book profits u/s 115JB not amenable

April 14, 2023 390 Views 0 comment Print

Held that the non-inclusion of surrendered income in the Book Profits of the assessee as per section 115JB of the Act, was not a patent error amenable to rectification u/s 154 of the Income Tax Act.

No penalty on income disclosed in revised After receipt of Reassessment Notice

April 12, 2023 5490 Views 0 comment Print

Pankajkumar Babulal Tiwari Vs ACIT (ITAT Amhadabad) Asessee under the bona fide belief not offered income on receipt from LIC in original return however rectified the same while filing the return under section 148 of the Act. The assessee also paid due tax on such receipt even before issuance of notice under section 148 of […]

Penalty u/s 271(1)(c) not leviable for human error committed by accountant

April 5, 2023 4254 Views 0 comment Print

ITAT Ahmedabad held that penalty under section 271(1)(c) of the Income Tax Act not leviable on account of human error committed by the accountant as the same is not willful attempt to conceal income.

Depreciation on goodwill available as it being integral part of amalgamation

April 5, 2023 1098 Views 0 comment Print

ITAT Ahmedabad held that depreciation on goodwill duly available as goodwill has been taken into account while determining the face value of the shares which is treated as consideration in the scheme of amalgamation.

Donation To Rashtriya Komi Ekta Party Is Genuine: ITAT Ahmedabad

April 4, 2023 13350 Views 0 comment Print

ACIT Vs. Armee Infotech (ITAT Ahmedabad) RASHTRIYA KOMI EKTA PARTY IS ONE OF THE ‘23’REGISTERED UNRECOGNISED POLITICAL PARTIES. The grievance of the Revenue in its appeal for the Asstt.Year 2012-13 is that the ld.CIT(A) has erred in deleting disallowance of Rs.55 lakhs in respect of donation to political parties under section 80GGC of the Act. […]

Arm’s length interest rate computable based on market determined rate applicable to currency in which loan is repayable

March 27, 2023 1134 Views 0 comment Print

ITAT Ahmedabad held that arms length interest rate for loan advanced to foreign subsidiary by Indian company should be computed based on market determined interest rate applicable to currency in which loan has to be repaid.

The Court may throw a meritorious case for latches if filing is an afterthought

March 23, 2023 1914 Views 0 comment Print

t was decided that Incase it can be proved that the delay in filing of the appeal was on the advice of a professional, it would be considered that the delay is not attributable on the negligent/casual approach of the assessee.

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