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ITAT Ahmedabad

No delay in appeal filing if order not been served on Assessee

August 1, 2022 1437 Views 0 comment Print

Koshambh Charitable Trust Vs ACIT (ITAT Ahmedabad) We have given our thoughtful consideration and perused the materials available on record, as well as the Paper Book filed by the assessee. As it can be seen from page no. 32 of the paper book which is the screenshot of the Income Tax portal wherein for the […]

Ex-parte without adequate hearing opportunity: ITAT remands matter back to CIT(A)

August 1, 2022 297 Views 0 comment Print

Explore the ITAT Ahmedabad ruling in Sangitaben Doshi vs. ITO case. The order discusses the disallowance of LTCG on Kappac Pharma shares based on conjectures.

Section 271AAB penalty upheld on Income Tax return filed belated

August 1, 2022 795 Views 0 comment Print

Jagdishbhai R. Patel Vs ACIT (ITAT Ahmedabad) CIT(A) upheld the penalty of Rs.19,50,000/-,levied u/s 271AAB of the Act @ 30% of the undisclosed income of Rs.65 lacs, noting that the assessee had failed to fulfill the following conditions by the specified date as required by the section : a) filing its return declaring the undisclosed […]

No condonation of delay if Assessee was Negligent, Casual & Non-Compliant

August 1, 2022 501 Views 0 comment Print

Assessee found to be negligent, casual & noncompliant. So ITAT, refuse to condone inordinate delay of 789 days in filing appeal

ITAT directs Credit of DDT which was denied on Technical Default

July 31, 2022 1071 Views 0 comment Print

Strategic Infosystems Pvt. Ltd. Vs DCIT (ITAT Ahmedabad) In the instant case, the assessee has deducted and deposited DDT within time, but due to an inadvertent mistake in filing the challan, the assessee has been denied credit of DDT. The assessee has filed several applications under section 154 of the Act with the CPC, but […]

Waiver of loan amounts to cessation of liability other than trading liability

July 30, 2022 1380 Views 0 comment Print

The waiver of loan amounts to cessation of liability other than trading liability, thus, the said amount cannot fall under Section 28(iv) will not be applicable.

Addition on estimated basis without rejection of books is unsustainable

July 22, 2022 4107 Views 0 comment Print

Held that addition made on estimated basis, without rejecting books of accounts of the assessee, is unsustainable in law

Explanation of source of small loans from friends cannot be dismissed as unbelievable

July 22, 2022 426 Views 0 comment Print

Held that the explanation of the source of these very small loans as given by friends of the assessee to help him in his share trading transactions, and which has been confirmed by two parties, cannot be dismissed as unbelievable.

Developer engaged in development of infrastructure facility eligible to claim deduction u/s 80IA(4)

July 22, 2022 1476 Views 0 comment Print

Held that merely because the assessee is referred as a contractor in the agreement, it doesn’t detract the assessee from the position of being a developer, nor will deprive the assessee from claiming deduction under Section 80IA(4) of the Act.

No Section 271D penalty for one time cash loan to meet business exigency

July 21, 2022 1194 Views 0 comment Print

Shri Mohanlal Savjibhai Tilva Vs ACIT (ITAT Ahmedabad) The case of the assessee was that the loan in cash was taken from his HUF on account of extreme business exigency and necessity of honouring post dated cheques issued to the third parties. Further at that time, the assessee was not having sufficient balance in the […]

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