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ITAT Ahmedabad

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.

Interest already taxed cannot be taxed again for TDS deduction

June 24, 2022 1356 Views 0 comment Print

Explore the ITAT Ahmedabad decision in Ramanlal Jawanmal Shah HUF vs. ACIT-CPC. Learn why accrued interest income, taxed earlier, can not be taxed again to prevent double taxation.

Penalty not survive if Assessment Order held to be void ab initio

June 24, 2022 654 Views 0 comment Print

ACIT Vs Rameshbhai Jivrajbhai Desai (ITAT Ahmedabad) During the course of assessment proceedings, the Assessing Officer initiated penalty proceedings under Section 271(1)(c) of the Act. The Ld. AR submitted that the assessment order passed under Section 153A of the Act was held to be void ab initio and thus there is no addition in the […]

Section 271(1)(c) Penalty not imposable if notice not Specify the Limb

June 23, 2022 867 Views 0 comment Print

It has been held that notice issued by AO should specify which limb of Section 271(1)(c) of the Act penalty proceedings has been initiated.

Peak calculation method is applied for computing profit from unaccounted cash sales

June 23, 2022 1713 Views 0 comment Print

Held that the correct method is applying peak calculation method to compute the profit from the unaccounted cash sales made by the assessee.

Section 10(10D) On maturity of life insurance policy only net income is chargeable to tax

June 23, 2022 3504 Views 0 comment Print

On maturity of life insurance policy, where section 10(10D) does not apply, it is only the net income which is chargeable to tax in the hands of the assessee.

Additions on grounds not forming part of reasons for reopening assessment not sustainable if no addition based on reason for reopening

June 23, 2022 3504 Views 0 comment Print

Indian Redcross Society Vs ITO (ITAT Ahmedabad) We note that the Ld. Assessing Officer has not made any additions and nor even discussed the issue on the basis of which the reassessment proceedings were initiated. The assessee had pointed out that the Ld. Assessing Officer had committed a factual inaccuracy by stating that a sum […]

Penalty leviable on bogus loss offered for taxation after detection

June 23, 2022 477 Views 0 comment Print

Gujarat Smelting & Refining Co. Ltd. Vs ITO (ITAT Ahmedabad) The assessee cannot be absolved from the penalty merely on the reasoning that it has agreed for the addition/disallowance during the quantum proceedings. The Hon’ble Supreme Court in the case of MAK Data Private Ltd versus CIT reported 38 com 448 has held as under: […]

ITAT imposes Cost of Rs. 5,000 for Negligent Attitude of assessee

June 23, 2022 339 Views 0 comment Print

Hashesh V. Patel (HUF) Vs ITO (ITAT Ahmedabad) ITAT consider it fair and proper and in the interest of justice to give one more opportunity of being heard to the assessee. However, keeping in view the casual and negligent attitude of the assessee especially during the course of assessment proceedings, ITAT impose a cost of […]

Adjustment on debatable issue not permitted in section 143(1)(a) intimation

June 22, 2022 1524 Views 0 comment Print

City Manager Association Ahmedabad Municipal Corporation Vs DCIT (ITAT Ahmedabad) Let us consider the scope of section 154 for making prima facie adjustment while processing return under section 143(1)(a) of the Act i.e. process of dealing with the return is an ex parte process. It is pertinent to observe that whenever any debatable issue is […]

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