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ITAT Ahmedabad

ITAT Ahmedabad disposes 251 Appeal in one go after increase in Low Tax effect Limit

December 15, 2015 1341 Views 0 comment Print

In the case of DCIT Vs. Soma Textiles & Industries Limited , ITAT Rajkot has dismissed 251 Appeal filed by Department as Tax effect in these appeals was not exceeding Rs. 10 Lakh, in view of recent CBDT circular no. 21/2015 dated 10th December 2015.

Books cannot be rejected only on the basis that qualitative and piece wise record of Diamonds not been maintained

November 30, 2015 597 Views 0 comment Print

ITAT held in Dy CIT Vs Ms Nevil Gems that if the assessee had maintained quantitative details of diamonds but had not qualitative and piece-wise details then in that case books of account could not be rejected

ALP adjustment for notional interest on account of excess credit period is untenable in law

November 27, 2015 2053 Views 0 comment Print

ITAT Ahmedabad held In the case of Micro Ink Limited. Vs. ACIT that such interest is includible in operating income and the operating income itself has been accepted as reasonable under method TNMM, there cannot be an occasion to make adjustment for notional interest on delayed

ITAT delete Addition for Low GP ratio calculated without considering Income disclosed during survey

November 24, 2015 1110 Views 0 comment Print

DCIT Vs Shri Jitendra Maganlal Shah (ITAT Ahemdabad) Assessee surrendered Rs.81,77,930/- during the course of survey proceedings covering the excess stock investment, expenses, etc. The assessee had declared a net profit @ 9.16% if the amount surrendered is taken into account

Wrong PAN in TDS Return- Assessee cannot be penalised if system do not allow PAN correction in TDS Return

November 23, 2015 12042 Views 0 comment Print

In the case of Oil & Natural Gas Corporation Ltd. Vs. DCIT CPC-TDS, assessee was required to deduct tax and has deducted TDS @ 2% of sum paid/credited to GETCO Ltd. but due to filing of wrong PAN of deductee it has been deemed as assessee in default and accordingly 18% of remaining

Addition cannot be made for mere failure of Assessee to furnish current address of depositors

November 20, 2015 1097 Views 0 comment Print

Cama Hotels Ltd, Vs DCIT (ITAT AHEMDABAD) When the assessee had furnished the PAN of the concerned depositors, the Assessing Officer ought to have made inquiry from the jurisdictional Assessing Officers to find out the current address of the depositors.

Reopening of Assessment merely on the basis of change in opinion is invalid

November 18, 2015 525 Views 0 comment Print

The ITAT Ahmedabad in the case of Waves Food Private Limited vs. DCIT held that reopening of assessment to disallow provision for damaged goods returned is not valid as the issue had been specifically dealt by AO during the course of regular assessment and such disallowance by reopening

Notice u/s 153C invalid if no satisfaction been recorded by Assessing Officer

November 17, 2015 671 Views 0 comment Print

ITAT-Ahmedabad In the case of M/s Shiv Associates v DCIT quashed the notice u/s 153C relying on the Judgment of the similar case related to the assessee in which the notices u/s 153C were quashed as no satisfaction was recorded by the AO.

Penalty Proceedings can’t be initiated without any corroborative evidence

November 17, 2015 1937 Views 0 comment Print

In the Case of the Dasrathbhai Narandas Patel v ITO, ITAT-Ahmedabad held that the assessment Proceedings are completely different from Penalty Proceedings and before initiating the penalty proceedings there should be some convincing and corroborative evidence.

Adjust of one block of Fixed Asset against other cannot be said to be a arithmetical mistake

November 14, 2015 1815 Views 0 comment Print

Assessing Officer added last amount of short term capital gains to the tune of Rs. 54,67,547/- under section 50 of the Act. This comprised of a sum of Rs. 4,86,650/- qua factory building and Rs. 49,80,897/- relating to plant and machinery.

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