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ITAT Ahmedabad

Addition upheld as genuineness of purchase and sale of shares not explained

November 21, 2022 1503 Views 0 comment Print

ITAT Ahmedabad held that genuineness of source of purchase and sale of shares thereof remained unexplained and hence concluded that the sale of such shares were only accommodation entry and accordingly addition of entire sale consideration upheld.

Donations given by Trust to Other NGOs/Trust for its Purposes are Deductible

November 17, 2022 1083 Views 0 comment Print

ACIT (Exemptions) Vs Grow More Foundation (ITAT Ahmedabad) Regarding the payment made to Chandansingh, the Ld. CIT(A) has observed that the payment is made for construction work on which TDS has been deducted and a fresh confirmation with signature of the contractor and his PAN No. etc. have been submitted and the amount is incurred […]

Company not opted for liquidation in impugned year hence disallowance of expense unjustified

November 17, 2022 807 Views 0 comment Print

ITAT Ahmedabad held that disallowance of expenditure in the assessment year 2012 on the reason that company went into voluntary liquation is unsustainable as the company was not into liquidation in the impugned year.

No section 69 addition in directors’ hand for mere use of his PAN by Company

November 16, 2022 1116 Views 0 comment Print

Merely, because the assessee’s PAN number was mentioned as he was the Director of one of the company, the purchase cannot be said to be made by him when the purchase has been shown in the P&L account by the said company itself as well as part of the closing stock of the said company, namely, Iscon Procon Pvt. Ltd.

Educational expense of daughter is purely personal in nature despite her pursuing fathers profession

November 7, 2022 1224 Views 0 comment Print

ITAT Ahmedabad held that expenditure incurred for education of the daughter, who pursued the very same profession in which the father was, doesn’t make the same business expenditure. Father was morally bound to spend on the education of his daughter and hence the same is personal expenditure.

Construction cost worked out on weighted basis as property of ground and first floor were mainly sold

November 5, 2022 2946 Views 0 comment Print

ITAT Ahmedabad held that construction cost attributable to 5 offices out of total 11 offices should be worked out on weighted basis and not on average basis as the properties mainly of the ground floor and first floor were sold out. Such properties fetches higher value in terms of sale price and hence cost is also attributable on weighted basis.

ITAT deletes addition for unexplained cash deposits- As Assessee duly explained the source

November 4, 2022 774 Views 0 comment Print

Bipinchandra Purshotamdas Patel Vs ITO (ITAT Ahmedabad) ITAT find that the assessees explanation for source of cash deposits of Rs.6.00 lakhs in his Bank of India account, which is in dispute before us, as being out of his share in the sale of land, jointly owned along with members of his family, is duly and […]

Capital gain computable as per amended proviso to section 50C despite receipt of 99% of payment by cheque

November 3, 2022 1743 Views 0 comment Print

ITAT Ahmedabad held that when genuineness of the transaction is proved and more than 99% of the payment was received by cheque, capital gain on sale of property should be computed by applying amended proviso to section 50C of the Income Tax Act.

ill health & transfer of residence reasonable cause for non-submission of document to AO

November 3, 2022 510 Views 0 comment Print

Shashank Shekhar Singh Vs DCIT (ITAT Ahmedabad) ITAT have given our thoughtful consideration and perused the materials available on record including the paper book filed by the assessee wherein the additional evidences produced by the assessee before the Ld. CIT(A) namely the Mutual Funds statement was issued on 01.04.2014 whereas the reassessment was passed on […]

Addition u/s 68 without cogent material is unsustainable

November 1, 2022 1239 Views 0 comment Print

ITAT Ahmedabad held that addition u/s 68 alleging bogus capital gain simply on the basis of some report finding unearthed in case of third party without cogent material is unsustainable

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