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ITAT Ahmedabad

Bill discounting charges cannot be considered as Interest for TDS U/s. 194A

June 20, 2018 30699 Views 1 comment Print

Discounting charges are outside the purview of interest expenses, therefore, in our considered view, the question of making any disallowance on account of non-deduction of TDS on such discounting charges does not arise.

If decisions of non-jurisdictional High Courts are in conflict with each other than decision favourable to assesse must be followed

June 18, 2018 8367 Views 0 comment Print

ITO Vs Upkar Retail (P.) Ltd. (ITAT Ahmedabad) We find guidance from the judgment of Hon’ble Supreme Court in the matter of CIT v. Vegetable Products Ltd. [1973] CTR (SC) 177 : [1972] 88 ITR 192 (SC) Hon’ble Supreme Court has laid down a principle that “if two reasonable constructions of a taxing provision are […]

Penalty U/s. 271AAA cannot be levied if revenue NOT Made enquiry as regards manner of deriving of undisclosed income

June 18, 2018 831 Views 0 comment Print

Where revenue itself failed to enquire from assessee as regards the manner in which undisclosed income admitted under section 132(4) was derived, the assessee could not be held guilty of not substantiating the manner of deriving of such undisclosed income, therefore, no penalty under section 271AAA could be levied.

Expenditure on removal of encumbrance includible in cost of new house property

June 5, 2018 3324 Views 0 comment Print

While computing exemption under section 54F, expenditure incurred towards vacating the new house property from tenants were includible as part of its cost, because existence of encumbrance was specified in the purchase agreement and original cost of acquisition was much lower than fair market value of the house property due to such attached illegal occupation.

Registration U/s.12AA cannot be cancelled for mere failure to communicate amendment in trust deed

June 2, 2018 4650 Views 0 comment Print

ITAT held that If amended objects of the trusts are not non-genuine and charitable in nature, then mere failure on the part of the assessee to intimate this amended objects to the department would not goad the ld. Commissioner to cancel registration.

Interest U/s. 244 allowed on Refund of excess interest charged U/s. 234B

June 1, 2018 3366 Views 0 comment Print

ACIT Vs Development Board (ITAT Ahmedabad) The central question involved in the present appeal is whether the expression ‘in any other case’ occurring in section 244A(1)(b) of the Act would include interest on an amount of refund resulted from reversal of excess interest charged under s.234B of the Act. As per Income Tax computation form […]

No Penalty for cash above Rs. 20000 from relatives due to Business Exigencies

June 1, 2018 3564 Views 0 comment Print

The ld. counsel vehemently stated that the legislative intent in prohibiting the acceptance and repayment of money in cash over and above Rs. 20,000/- is to check the unaccounted money and not to hit the genuine business need.

Addition based on mere Statements during Survey without any Tangible Materials is invalid

May 31, 2018 3294 Views 0 comment Print

DCIT Vs M/s. Real Strips Ltd. (ITAT Ahmedabad) The addition was solely made on the basis of the statement furnished by the production manager of the assessee at the time of survey. The lower authorities have not brought any iota of evidence suggesting that the assessee has suppressed the production leading to suppressed sale out […]

Income Transferred from Capital Fund A/c to Income is eligible for deduction U/s. 11

May 31, 2018 1962 Views 0 comment Print

Income Transferred from Capital Fund A/c to Income is eligible for deduction U/s. 11of Income Tax Act, 1961 and provisions of Section 11(3)(c) of the Act clearly permits to utilize the funds either within the specified period or in the next year immediately following the expiry of the period

Section 50C: Sale value approved by Charity Commissioner had to be followed in case of Trust’s Sale Deed

May 27, 2018 3693 Views 0 comment Print

This Revenue’s appeal and assessee’s cross objection for assessment year 2010-11 arise against the CIT(A), Gandhinagar’s order dated 22.05.2014, in case no. CIT(A)/GNR/2 12/2013-14, reversing Assessing Officer’s action making long term capital gains addition of Rs. 70,34,635/- by invoking Section 50C of the Act, in proceedings u/s. 143(3) of the Income Tax Act, 1961; in short the Act.

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