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ITAT Ahmedabad

Section 13(1)(b) not applies to a Religious trust with predominantly charitable objects

June 5, 2025 1221 Views 0 comment Print

Ahmedabad ITAT rules Jamiatul Banaat Tankaria eligible for 12A registration, clarifying Section 13(1)(b) applies to exemption, not initial registration.

Bogus LTCG Addition Set Aside Due to Lack of Tangible Evidence: ITAT Ahmedabad

June 4, 2025 942 Views 0 comment Print

ITAT Ahmedabad held that addition towards accommodation entries of bogus LTCG cannot be sustained in absence of any iota of tangible perceptible evidence. Accordingly, appeal allowed and addition set aside.

Sec 56(2)(x) Covers All Immovable Properties, Including Agricultural Land; AO Must Refer Disputed Valuation to DVO

June 2, 2025 3261 Views 0 comment Print

ITAT Ahmedabad rules Section 56(2)(x) applies to agricultural land. Assessee’s dispute on stamp duty valuation mandates DVO reference. Case remanded for re-evaluation.

Rejection of final approval u/s. 80G(5) for incorrect mentioning of clause not justifiable

June 2, 2025 858 Views 0 comment Print

The present appeal has been filed by the assessee against order passed by the Commissioner of Income Tax (Exemption), Ahmedabad, dated 20.08.2024, denying grant of approval u/s. 80G(5) of the Income Tax Act, 1961.

Genuineness of loans not established: ITAT confirmed CIT(A) disallowing interest paid

June 2, 2025 750 Views 0 comment Print

The CIT(A) upheld the disallowance in both years, primarily on the basis that the genuineness of the loans had not been established, and therefore, the interest paid on such loans could not be allowed.

AO should evaluate claim of exemption u/s. 54F made in compliance to notice u/s. 148

May 31, 2025 1314 Views 0 comment Print

ITAT Ahmedabad held that claim of exemption under section 54F vide return of income filed in compliance to notice u/s. 148 needs to be evaluated by AO. Accordingly, matter restored back to the file of J.A.O. for making necessary verification for exemption claim.

Private Discretionary Trust Created by Will Not Taxable at Maximum Marginal Rate: ITAT Ahmedabad

May 29, 2025 1794 Views 0 comment Print

ITAT Ahmedabad rules a private discretionary trust created by will and being the sole trust is not liable to the maximum marginal rate, applying association of persons rates.

Section 50C addition without referring to Valuation Officer not sustainable: ITAT Ahmedabad

May 24, 2025 1230 Views 0 comment Print

ITAT Ahmedabad held that addition invoking provisions of section 50C(2) of the Income Tax Act without referring the valuation of the capital asset to the valuation officer is not justifiable. Accordingly, matter restored back to AO to refer the matter to valuation officer for determining Fair Market Value.

Cash credit addition not sustained as re-payment of loans in subsequent year accepted

May 21, 2025 918 Views 0 comment Print

ITAT Ahmedabad held that addition on account of cash credit in the current year cannot be sustained where department had accepted the re-payment of loans in subsequent year. Accordingly, addition confirmed by CIT(A) deleted and appeal allowed.

Donations, CSR & Business Expenses Operate Separately; Section 80G Deduction Allowed

May 20, 2025 1032 Views 0 comment Print

ITAT confirms that donations under Section 80G and business expenses under Section 37(1) are distinct. It upheld GSFC’s eligibility for Section 80G deduction, emphasizing proper classification in accounts.

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