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ITAT Ahmedabad

ITAT upheld disallowance of losses by client code modification

June 22, 2022 585 Views 0 comment Print

Chandresh Luniya Vs ITO (ITAT Ahmedabad) The facts in brief are that the assessee in the present case is an individual and engaged in the activity of derivative business of shares and securities. In the present case it was found by the AO that the assessee has obtained the benefit of accommodation entries by way […]

Mere Mis-Declaration of Capital Loss as Business Loss is not Concealments of Income

June 22, 2022 309 Views 0 comment Print

Pur Opale Creations Ltd. Vs DCIT (ITAT Ahmedabad) It is an undisputed fact that the assessee has disclosed particulars of loss in sale of assets before the authorities below. Instead of treating a loss as capital loss the assessee has treated the same as business loss and therefore, it cannot be said to have not […]

Section 68 Addition valid in absence of Evidence to Establish Genuineness of Gift Received

June 22, 2022 573 Views 0 comment Print

Sanjeev Gajendra Pancholi Vs ITO (ITAT Ahmedabad) Perusal of the above gift deed shows that the donor viz. Shri Narendra Maganbhai Pancholi has sold piece of agriculture land from 28.3.2008 to 30.3.2008 and one agriculture land on 26.7.1999 aggregating to Rs.11,64,698/-. The donor claimed that this amount has been invested in private bank, shroff and […]

Section 271(1)(c): Consciousness in furnishing inaccurate particulars with circumstantial evidences should be present

June 22, 2022 828 Views 0 comment Print

Element of consciousness in furnishing inaccurate particulars of income coupled with circumstantial evidences should be present in the particular case.

In ‘Limited Scrutiny’ AO can only examine those issues for which case been selected

June 22, 2022 4593 Views 0 comment Print

Kintukumar Ambalal Patel Vs DCIT (ITAT Ahmedabad)  The issue raised by the assessee in additional ground is that the learned CIT-A erred in confirming the order of the AO by expanding the scope of limited scrutiny assessment to complete scrutiny without necessary approval. Ld. AR further claimed that the Assessing Officer has converted the “Limited […]

Order passed without considering submission amounts to miscarriage of justice

June 22, 2022 2055 Views 0 comment Print

ITAT held that CIT(A) has considered the case laws and details submitted by the assessee. To our mind, same is amounting to miscarriage of justice

Loss from share trading can be set off against business income

June 22, 2022 2490 Views 0 comment Print

CIT (A) has erred in facts and law in holding that loss from sale of shares was short-term capital losses and hence not eligible for set of against income from profession of assessee.

Penalty not imposable merely for Addition to Income during Assessment

June 22, 2022 1173 Views 0 comment Print

Bhikhabhai Ambalal Patel Vs ITO (ITAT Ahmedabad) Ld. AR submitted that mere existence of addition during the assessment proceedings does not attract provisions of Section 271(1)(c) of the Act. In the present case, the CIT(A) has not pointed out as to on what basis the penalty was imposed. In fact, notice under Section 274 read […]

Expenditure on distribution of freebies & gifts to doctors not allowable

June 21, 2022 876 Views 0 comment Print

ITAT Ahmedabad upholds disallowance of Amay Pharma’s expenditure on gifts to doctors. Setback on c/f loss setoff. Latest SC ruling cited.

Cash system vis-à-vis TDS credit adjustable in the year of receipt

June 17, 2022 1470 Views 0 comment Print

Chirag M. Shah Vs ITO (ITAT Ahmedabad) It is observed that it is crystal clear that there are provisions under the IT Act; namely, section 199 of the IT Act, 1961 and Rule 37BA of the IT Rules, 1962 and the proper mechanism is also provided under the Act and Rules. Thus, respectfully following the […]

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