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ITAT Ahmedabad

No invocation of sec 68 if assessee filed ITR u/s 44AD without maintaining books of account

June 28, 2022 2949 Views 0 comment Print

Existence of books of account maintained by assessee was a condition precedent for making addition under section 68. Where assessee had not maintained books of account, there was no legal scope to invoke provisions of section 68 and as such, addition made on such premise was to be deleted.

Section 11(2) deduction cannot be disallowed by 143(1)(a) adjustment

June 27, 2022 2295 Views 0 comment Print

The assessee received intimation under section 143(1) of the Act from CPC Bengaluru and in the said intimation, certain adjustments were made as regards deduction claimed under section 11(2) of the Act, which according to the assessee have been incorrectly disallowed since assessee case is directly supported by the decision of the Calcutta High Court in the case of Natwarlal Chaudhry Charitable Trust 189 ITR 656 (Cal).

No addition on account of capital gain in case of a null and void transfer

June 27, 2022 813 Views 0 comment Print

Since there was no valid transfer of land in question by assessee to the partnership firm of M/s. V Developers in the year under consideration giving rise to any capital gain and the transfer of the said land having validly taken place only in the previous year relevant to AY 2012-13 by assessee to M/s. V Developers, the capital gain arising from the said transfer was not chargeable to tax in the hands of the assessee for AY 2012-13 as duly declared by assessee in his return of income for AY 2012-13.

Application for condonation of delay cannot be rejected without assigning any specific reasons

June 27, 2022 6255 Views 0 comment Print

Rahul M. Vadodariya Vs ITO (ITAT Ahmedabad) ITAT held that Ld. CIT(A) has not approached the matter judiciously and has dismissed the appeal of the assessee, by rejecting the application for condonation of delay, without assigning any specific reasons why the delay in filing appeal should not be condoned. There is no allegation to the […]

Depreciation on securities Available for Sale (AFS) is allowable claim

June 27, 2022 984 Views 0 comment Print

Dive into the case of Maninagar Co. Op. Bank Ltd. against DCIT, focusing on the disallowance of depreciation on Govt. Securities. Detailed analysis of the ITAT Ahmedabad’s order for AY 2012-13.

Reopening of assessment based on wrong & non-existent premises was bad in law

June 24, 2022 750 Views 0 comment Print

Explore Vrajeshkumar Chokshi vs. ITO case: Invalid assessment reopening, challenged LTCG addition. Detailed analysis of unfounded premises, Short Term Capital Loss, and quashing the assessment.

ITA allows withdrawal of appeal as appellant decide to avail benefit of VSV Scheme

June 24, 2022 615 Views 0 comment Print

The assessee has reqeusted to withdraw the appeal on the ground that with the introduction of Vivad Se Vishwas Scheme, the appellant has decided to avail the Scheme with respect to the said appeal and therefore the appeal of the Assessee is required to be withdrawn in terms of scheme.

ITAT deletes arbitrary & highly immaterial addition for undervaluation of stock

June 24, 2022 756 Views 0 comment Print

Explore the ITAT Ahmedabad ruling in Chirai Salt (India) Pvt. Ltd case. In-depth analysis of the stock undervaluation dispute, challenges to methods, and successful deletion of additions.

CIT cannot invoke revisionary powers to impose his own understanding of extent of inquiry

June 24, 2022 447 Views 0 comment Print

The issue in the present case relates whether the assessment order has been passed by Ld. AO without making inquiries or verification with respect to the deduction/exemption claimed under section 54 of the Act as discussed above and hence the assessment is erroneous insofar prejudicial to the interest of the Revenue and thus requiring revision by Pr. CIT u/s 263 of the Act.

No Section 40(a)(ia) disallowance when TDS been deducted & paid before due date of filing of return

June 24, 2022 696 Views 0 comment Print

Read about the ITAT Ahmedabad’s ruling in ITO vs. Yagnesh Dayabhai Vyas, where disallowance under Section 40(a)(ia) was deemed unjust when TDS was duly deducted and paid before the return filing deadline.

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