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ITAT Ahmedabad

Addition for cash deposit not tenable when Assessee duly explained the source

July 2, 2022 2544 Views 0 comment Print

Kalubhai Ranchhodbhai Dhakecha Vs ITO (ITAT Ahmedabad) A perusal of the assessment order however reveals that there is nothing mentioned in the order that the opening balance was found unsubstantiated. The assessment order only finds a mention of the fact regarding the quantum of opening cash balance 9,06,927/- which included 4,03,585/- agricultural income and 2,78,391/- […]

No section 271B penalty if Assessee could not maintain books of accounts

July 1, 2022 1671 Views 0 comment Print

Gurukrupa Developers Vs DCIT (ITAT Ahmedabad) The learned AR before us inter-alia submitted that the books and other supporting documents of the assessee were impounded by the search team. Therefore, the assessee could not maintain proper books of accounts due to the reason beyond its control. When proper books of account were not available, the […]

Section 271(1)(c) Penalty not sustainable if failure in Disclosure of Income was unintentional

July 1, 2022 1416 Views 0 comment Print

Shri Himanshu Prafulchandra Varia Vs DCIT (ITAT Ahmedabad) We find merit in the contention of the Ld. Counsel for the assessee that the failure to disclose the income was by mistake and not deliberate and the assessee had in fact come clean during assessment proceedings before the Revenue authorities even before detection by the Revenue. […]

Claims not part of resolution plan, shall stand extinguished

July 1, 2022 2202 Views 0 comment Print

It is further declared by the Hon’ble Supreme Court that all claims not part of the resolution plan, shall stand extinguished and no person will be entitled to initiate or continue any proceedings in respect to a claim, which is not part of the resolution plan.

Foreign Exchange Fluctuation in Current Assets & Liabilities allowable

July 1, 2022 2820 Views 0 comment Print

Dive into the ITAT Ahmedabad order on DCIT vs. Ambalal Sarabhai Enterprises Ltd. Understand the dispute over foreign exchange difference claims, accounting standards, and tax implications.

Validity of Satisfaction to reopen Assessment recorded with one word “Yes”

June 30, 2022 945 Views 0 comment Print

Kedar Cotton Industries Vs DCIT (ITAT Ahmedabad) It is observed that the approval to reopen the assessment in the present case and issue notice under Section 148 of the Act to the assessee was accorded by the learned Principal Commissioner of Income-tax by recording his satisfaction in one word ‘Yes‘ and even the learned DR […]

Filing of paper appeal instead of e-Appeal is technical breach- ITAT direct CIT(A) to dispose such appeal on merits

June 29, 2022 306 Views 0 comment Print

Explore the Kalpesh Patel vs ITO case at ITAT Ahmedabad. Learn about the technical breach, CIT(A) dismissal, and the ITAT decision to grant an opportunity for e-appeal.

Surplus arising to club not taxable on the principal of Mutuality & consistency

June 29, 2022 1224 Views 0 comment Print

Explore the detailed analysis of ITAT decision in Sports Club of Gujarat Ltd. vs. PCIT case regarding taxability of entrance membership fees and the principle of mutuality.

Section 271D penalty imposable on failure to prove non-contravention of section 269SS

June 29, 2022 264 Views 0 comment Print

Explore the case of Bookmywish E-Commerce facing a penalty under Section 271D for accepting cash loans. Detailed analysis of legal perspectives and implications.

Penalty imposable for Bogus Claim of Short Term Capital Loss

June 28, 2022 1101 Views 0 comment Print

Explore the ITAT Ahmedabad decision in Texmat Agencies Pvt. Ltd. vs. ITO regarding the upheld penalty for the assessee bogus short-term capital loss claim.

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