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ITAT Ahmedabad

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

Non-dealing with alternative claim cannot be reason for revisionary jurisdiction u/s 263

October 28, 2022 663 Views 0 comment Print

ITAT Ahmedabad held that exercising revisionary jurisdiction u/s 263 of the Income Tax Act for not dealing with alternative claim and claiming the order of AO as prejudicial to the interest of revenue is not sustainable as anyhow deduction was available to the assessee.

Depreciation on windmill turbine available in year it is put to use

October 25, 2022 5091 Views 0 comment Print

ITAT Ahmedabad held that as the additional evidence produced clearly indicates that company has put to use the windmill turbine in the year, depreciation on the same is available.

Right to make copy of software would constitute ‘Royalty’ TDS deductible u/s 195

October 19, 2022 366 Views 0 comment Print

ITAT Ahmedabad held that the transfer of copyright including the right to make copy of software for international business, any payment made in that regard would constitute Royalty. Thus, TDS is deductible u/s 195 on the payment made by the assessee to the non-resident supplier.

Non-voluntary donations are not eligible for deduction u/s 11(1)(d) of the Income tax Act

October 19, 2022 1350 Views 0 comment Print

ITAT Ahmedabad held that donations which are not voluntary in nature cannot be treated as corpus donation and hence not eligible for deduction u/s 11(1)(d) of the Income tax Act

Denial of exemption u/s 54F for mere technical default is unjustified

October 18, 2022 654 Views 0 comment Print

ITAT Ahmedabad held that denial of exemption u/s 54F of the Income Tax Act for a mere technical default, beyond the control of assessee, in not getting the new property registered within the stipulated time period of two years is unjustified.

No penalty for addition under section 56(2)(x) due to deeming fiction

October 18, 2022 4710 Views 0 comment Print

Dipakkumar Ishwarlal Panchal Vs ITO (ITAT Ahmedabad) Admittedly the concealment/furnishing of inaccurate particulars of income, for which act penalty under section 271(1)(c) in the present case has been levied, related to the income added as per the provisions of section 56(2)(x) of the Act. More particularly on account of the fact that actual consideration paid […]

Premium on forward exchange contract deductible as revenue expenditure

October 17, 2022 2082 Views 0 comment Print

ITAT Ahmedabad held that as per Accounting Standard 11 premium on forward exchange contracts is to be amortized as expense means writing it off as revenue expenditure in the profit and loss account.

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