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ITAT Ahmedabad

No Penalty for Delay in filing AIR due to reasonable cause

February 28, 2018 1491 Views 0 comment Print

Sub Registrar Dhansura Vs DIT (ITAT Ahmedabad) Appellant is a Govt. servant and ld. AR stated that they have assigned job to submit AIR to some outsources agency and sometime staff of the outsources agency become careless. In these case, appellant is a newly incumbent with the office and was not aware of the income […]

Section 56(2)(vii) HUF can’t be treated as a ‘Donor’ of Gift

February 21, 2018 16119 Views 1 comment Print

Gyanchand M. Bardia Vs. ITO (ITAT Ahmedabad) The first dispute between the parties is qua validity of assessee’s gift claim as received from the HUF amounting to Rs. 1,02,00,000/- coming through banking channel. Both the lower authorities are of the view that an HUF does not come under the specified category of a relative in […]

Tax on Sale of land which was leased for a very long period

February 12, 2018 18582 Views 0 comment Print

Where assessee had transferred land owned by it to lessee for a long period but subsequently when the lessee company went into liquidation had transferred lease right, the same was taxable under the head Capital gains instead of Income from other sources because even though the land was transferred for a long period, the actual ownership of the land remained with assessee.

Non recovery of debtors for almost 3 years is sufficient reason to write off and claim as revenue loss

February 12, 2018 20523 Views 0 comment Print

In the case between General Capital and Holding Company Pvt. Ltd vs Income Tax Officer, Ahmedabad bench of Income Tax Appellate Tribunal (ITAT) held that deduction under Section 80G of the Income Tax Act 1961 is allowable in the year of actual payment as well as that of getting the necessary donation receipt.

Sec. 54 Cost of residential house includes cost of furniture if it forms part of house Purchase

February 9, 2018 33210 Views 1 comment Print

It could not have been open to the authorities below to treat the payment of Rs 18,00,000 on account of furniture and fixtures on standalone basis, and thus exclude it as a separate item rather than as a cost of the residential house so purchased. In our considered view, therefore, the assessee is entitled to deduction under section 54F by treating entire amount of Rs 78,00000 as the “cost of the residential house” purchased within specified time limit under section 54.

Payment of little higher rate of interest on unsecured loans justified as it involves lesser formalities

February 1, 2018 5397 Views 0 comment Print

There is no dispute with regard to the fact that creditors do fall within the category of specified persons contemplated in section 40A(2)(b) of the Act. Short question before us is, whether payment of interest at the rate of 18% to such persons on the loans availed from them is excessive or not, having regard to the fair market value of such loans.

Section 92B- Deemed international transaction- Termination of Option rights under agreement

January 23, 2018 48114 Views 0 comment Print

Vodafone India Services Pvt Ltd Vs. DCIT (ITAT Ahmedabad)  97. The question that we really need to address ourselves to is whether the above arrangement constitutes an ‘international transaction’. However, before we do so, it is only appropriate that we take a look at the relevant definitions under the Income Tax Act, 1961. Section 92 […]

No addition in the hand of Firm for capital introduced by the partner

January 18, 2018 7218 Views 0 comment Print

In the case of The Income-tax Officer vs M/s. Shree Kastbhanjan Dev Developers, the Ahmedabad bench of Income Tax Appellate Tribunal (ITAT) proclaimed in its recent order that firm cannot be assessed for unexplained cash credits in respect of capital introduction by its partner.

Conversion of Agricultural land: Section 50C not apply to business income

January 10, 2018 6219 Views 0 comment Print

The ITAT bench comprising Pramod Kumar (AM) and S. S. Godara (JM) recently confirmed that the sale consideration on agricultural land after its conversion to non-agricultural Land constitutes business income and therefore, section 50C of the Income Tax Act, 1961 cannot be applicable to such cases.

Compensation for resigning is eligible for tax benefit U/s. 10(10B) as Retrenchment Compensation

January 2, 2018 16851 Views 0 comment Print

Right now we are dealing with an employee who is giving up his source of livelihood under the threat of dislocation, and the hyper technical interpretations based on technicalities about the wordings in the settlement deed, signed by him under these compelling circumstances, is being taken as the understanding about assessee’ s actual conduct;

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