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ITAT Ahmedabad

Tribunal to Assessee: No new claims in 147 or Section 154 proceedings

August 4, 2025 1107 Views 0 comment Print

ITAT Ahmedabad rules on the admissibility of new claims during reassessment and appellate proceedings, distinguishing between the limited scope of Section 147 and the broader jurisdiction of appellate authorities.

Receipt from surrender of Life Insurance Policy cannot be added u/s. 68 as unexplained money

August 4, 2025 411 Views 0 comment Print

ITAT Ahmedabad held that amount received as refund for surrender of Life Insurance Policy cannot be treated as unexplained money under section 68 of the Income Tax Act. Accordingly, appeal allowed and addition deleted.

Failure to file return u/s. 139(1) doesn’t constitute under-reporting within section 270A(2)(b): Penalty deleted

August 4, 2025 2349 Views 0 comment Print

ITAT Ahmedabad held that mere filing of return in response to notice u/s. 148 does not ipso facto justify the invocation of section 270A(2)(b), unless there is a demonstrable act of under-reporting in substance. Thus, penalty deleted as failure to furnish return u/s. 139(1) doesn’t constitute under-reporting.

Section 13(1)(b) irrelevant at Section 12AB registration stage: ITAT Ahmedabad

August 4, 2025 1365 Views 0 comment Print

ITAT Ahmedabad rules that Section 13(1)(b), which addresses trusts for specific communities, is irrelevant at the registration stage. The provision applies only during assessment to determine exemptions.

Section 234E Fee Cannot Be Levied Without Valid TDS Deduction Liability

August 3, 2025 1029 Views 0 comment Print

ITAT Ahmedabad partially allows an appeal by Bhikhabhai Hirabhai Patel, reducing late filing fees after ruling that TDS is not applicable to property transfers under Rs. 50 lakhs per transferee.

TDS Threshold Under 194IA Applies Per Seller: ITAT Ahmedabad

August 1, 2025 1398 Views 1 comment Print

The ITAT Ahmedabad ruled that the TDS threshold under Section 194IA applies to the payment made to each individual seller, not the total transaction value.

Assessment on Deceased Invalid, To Be Redone in Legal Heir’s Name: ITAT Ahmedabad

August 1, 2025 1236 Views 0 comment Print

The ITAT ruled that an assessment initiated before an assessee’s death is not void. It remanded the case, directing the AO to re-do the assessment in the legal heir’s name.

Part addition u/s. 69 towards cash deposit during demonetization deleted by applying SOP of CBDT

July 30, 2025 1179 Views 0 comment Print

ITAT Ahmedabad held that applying Standard Operating Procedure [SOP] of CBDT, a cash deposit of 2,50,000/- by an individual without business income should be treated as prima facie explained. Hence, addition u/s. 69 to that extent is not justifiable.

Annual Software Renewal Costs Not Capital in Nature: ITAT Ahmedabad

July 29, 2025 1158 Views 0 comment Print

ITAT Ahmedabad ruled on Unimed Technologies’ software license and renewal expenses, classifying them as revenue. The tribunal also addressed interest expenditure disallowance.

Third-Party Statement Without Cross-Examination Invalid: ITAT Deletes ₹57.5L Addition

July 29, 2025 1449 Views 0 comment Print

ITAT Ahmedabad upholds reassessment validity despite technical error, but incomplete text prevents full summary on undisclosed income addition.

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