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ITAT Ahmedabad

Section 194J TDS deductible on screening (i.e. DTT test, HPLC test etc.) of Sickle Cell Anemia

May 1, 2022 18054 Views 0 comment Print

Gujarat Sickle Cell Anemia Control Society Vs DCIT (ITAT Ahmedabad) The Income Tax Appellate Tribunal (ITAT), Ahmedabad bench has held that the provisions of TDS under section 194J and 194C of the Income Tax Act, 1961 applicable to the payments made to medical labs and technicians as per an agreement for the screening of sickle […]

Estimation of profit on suppressed sale – ITAT upheld amount determined by Excise Dept

April 30, 2022 2442 Views 0 comment Print

JCIT Vs Simalin Chemical Industries Pvt. Ltd. (ITAT Ahmedabad) he basis of making the addition on account of undisclosed income of the assessee was the cash found during the course of search proceedings by the excise department. There was the physical cash found by the excise department during the course of search amounting to ₹ […]

Section 54 exemption eligible on Expense for making house habitable

April 30, 2022 1836 Views 0 comment Print

Hiren Himmatsingh Rathod Vs ITO (ITAT Ahmedabad) It is a fact that the assessee had incurred the cost for making the new property inhabitable before taking over possession of the same but considering the provision of the act we do not find any embargo in granting relief to the assessee under Section 54 of the […]

Exception to Monetary Limit for filing Appeal not applies if Assessee discloses all about foreign income

April 30, 2022 2424 Views 0 comment Print

JCIT Vs ADF Foods Ltd. (ITAT Ahmedabad) In this case, the assessee himself has claimed that certain payments are covered in provisions of Section 5, 9, 195 of the Act and also under DTAA. Therefore, tax was not applicable. As per this letter, the assessee has explained that it is engaged in the business of […]

No TP adjustment for loan & advance for investment in equity or for benefit in business

April 29, 2022 1674 Views 0 comment Print

Lambda Therapeutic Research Ltd. Vs DCIT (ITAT Ahmedabad) We find that the assessee has not demonstrated any benefit derived from its associated enterprises namely Lambda USA whereas it has advanced interest free loan of EURO 49,999/-. Thus, the question arises whether there is a need to make any adjustment on account of notional interest under […]

Section 147 proceedings invalid as addition was made under section 56 for escapement of income of capital gain

April 29, 2022 2913 Views 0 comment Print

Smt. Nalini Anilbhai Amin Vs DCIT (ITAT Ahmedabad) The proceedings, in the instant case, under section 147 of the Act were initiated by the AO on account of escapement of income of the capital gain generated on the sale of the property. This fact can be verified from the reasons recorded by the AO for […]

Deemed rent concept not applies to property held as stock-in-trade

April 27, 2022 6519 Views 0 comment Print

If property is used as stock-in-trade, then it would become and partake character of stock and any income derived from stock would be ‘income from business’ and not ‘income from house prperty.

AO to make disallowance of 25% as assessee didn’t furnish details of exp. incurred to earn agricultural income: ITAT

April 27, 2022 3555 Views 0 comment Print

Assessee had not explained expenses incurred for earning agricultural income, Assessing Officer was to be directed to make a disallowance to extent of 25 per cent of expenditure on account of earning of agricultural income and pass an order accordingly

Income Tax Proceedings based on documents found by DGCEI during search not sustainable if CESTAT treat such document as DUMB documents

April 26, 2022 1059 Views 0 comment Print

Rajesh Sajjanraj Bafna Vs DCIT (ITAT Ahmedabad) Income Tax Proceedings based on documents found by DGCEI during search not sustainable if CESTAT treat such document as DUMB documents At this stage, it is also imperative to remind that the proceedings under the service tax and the income tax are distinct and independent to each other. […]

Section 234E late fees cannot be levied for delay due to technical error

April 25, 2022 8052 Views 0 comment Print

nce the assessee has initially deposited TDS and furnished Statement in Form 26QB within time, but committed a technical error while depositing TDS resulting in non-grant of TDS to transferor, compelling it to again deposit TDS along-with interest for late deposit, then, in the interests of justice and considering the fact that no loss is caused to the Revenue, the assessee cannot be saddled with levy of late filing fee u/s 234E

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