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ITAT Ahmedabad

Temporary /makeshift superstructure not eligible for Section 54F exemption

January 21, 2019 5385 Views 0 comment Print

Shri Harshad M Thakkar (Gandhi) Vs DCIT (ITAT Ahmedabad) We are at loss to understand as to how the factual aspects like lack of basic amenity and a non-descript temporary makeshift shelter/ superstructure of insignificant worth can convert a land into a residential house. The vast open land with naturally grown grass, a grossly asymmetric […]

TCS U/s. 206C(1C) on Outsourcing of job for collection of toll tax

January 9, 2019 5109 Views 0 comment Print

DCIT Vs M/s. Ahmedabad Vadodara Express Way Co. Ltd. (ITAT Ahmedabad) It is seen that the assessees have given only permission to the collecting entities to collect the toll fees and maintain the toll plazas by employing a specified category of persons and supervise them and deposit the toll collection in the signatory account of […]

Company Eligible for deduction of expense on Vehicle Registered in the name of Director

January 1, 2019 14130 Views 0 comment Print

DCIT Vs M/s. Deversons Industries Pvt.Ltd. (ITAT Ahmedabad) The Assessing Officer during the assessment proceedings found that the vehicles were registered in the individual name of the Directors. But the assessee claimed the depreciation and the vehicle expenses in its income-tax return. However, the Assessing Officer was of the view that the assessee cannot claim […]

Penalty justified for Deliberate non-disclosure of income

January 1, 2019 3090 Views 0 comment Print

Smt Joyti Sunil Maniyar Vs ITO (ITAT Ahmedabad) In the notice issued u/s 142(1) dated 11.10.2011 a specific query was raised by the AO about the capital gain income. After that, the assessee vide reply dated 22.11.2011 conceded the fact of non-disclosing the capital gain income. From the above, it is transpired that the assessee […]

Tax cannot be levied on Gift Received From Brother-In-Law

January 1, 2019 26901 Views 2 comments Print

Once the identity, creditworthiness and genuineness of the transaction has been proved, gift received from the brother-in-law is exempted in terms of provisions of section 56.

Section 68 addition based on handwritten confirmation of lenders

January 1, 2019 3150 Views 0 comment Print

AO was not justified in making addition under section 68 where assessee had furnished evidences such as PAN and copies of bank statements of lenders which proved identity and creditworthiness of lenders and genuineness of impugned loan transactions.

ITAT Guideline for expeditious hearing of cases referred to Special Benches & Third Members

December 26, 2018 918 Views 0 comment Print

Wherever special benches are constituted, the special benches shall, as far as possible, commence hearing within 120 days of the benches being constituted. In the cases in which the respective bench is not in a position to commence hearing of the matter within 120 days for any specific reason, e.g. directions of the Hon’ble Court above or blocking the hearing awaiting decision of a higher judicial forum, it shall record the reasons, in brief, for delay in commencement for hearing. Sincere endeavour shall be made for expeditious disposal of Special Bench cases.

Addition for Cash deposit in Bank explained without supporting documents justified

December 13, 2018 22569 Views 0 comment Print

Explore Amit Acharya’s case at ITAT Ahmedabad involving unexplained cash credit and disputed capital gains. Understand the key findings and decisions.

Deduction U/s. 54F can be claimed against Gain on Multiple Assets in Multiple Years

December 12, 2018 15594 Views 1 comment Print

Shri Pankaj Chimanlal Patel (HUF) Vs DCIT (ITAT Ahmedabad) The essential controversy in the instant case is whether deduction under 54F of the Act is available in respect of capital gains arising from sale of more than one long term capital assets, not being residential house (original asset) against the construction or purchase of one […]

Bank passbook cannot be treated as books of accounts

December 11, 2018 11361 Views 0 comment Print

Smt. Ramilaben B. Patel Vs Income Tax Officer (ITAT Ahmedabad) This tribunal in the case of Rameshbhai Somabhai Patel vs. ITO (Supra) has held that the bank account of the assessee is not considered as part of the books of accounts.The relevant part of this order of the Tribunal is already reproduced above. From the […]

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