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ITAT Ahmedabad

AO cannot assume Section 153C jurisdiction in absence of incriminating documents

April 24, 2022 3048 Views 0 comment Print

Neesa Technologies Pvt. Ltd. Vs DCIT (ITAT Ahmedabad) Since the proceedings u/s. 153C of the Act were initiated in the present case on the basis of documents which we have held above neither belonged to the assessee nor were incriminating in nature, they were not sufficient for assuming jurisdiction u/s. 153C of the Act. The […]

Car hiring charges – TDS under Section 194I Or Section 194C?

April 24, 2022 92307 Views 0 comment Print

IF car is hired not to perform specific services and charges are not paid on the basis of specific uses but the same is hired for availability of car for particular time or period without specification of particular services and charges paid on fixed basis then such hiring should be considered as rental contract under the provision of section 194I of the Act.

Section 271(1)(c) penalty order not sustainable if AO not mentioned specific charge

April 24, 2022 1506 Views 0 comment Print

Pradeep Sugamchand Kawadiya Vs ITO (ITAT Ahmedabad) The short point involved in this case as to whether the penalty is sustainable when the same has been initiated and levied without specifying the alleged guilt committed by the assessee either for concealment of income or furnishing of inaccurate particulars of income. Brief facts leading to this […]

AO not expected to interfere in decision making process of assessee

April 24, 2022 1170 Views 0 comment Print

M/s. Akik Tiles Pvt. Ltd. Vs JCIT (ITAT Ahmedabad) There is no ambiguity to the fact that the AO is not expected to interfere in the decision making process of the assessee. In the business environment, there are certain decision which are taken by the assessee depending upon the market forces. However, the primary onus […]

ITAT allows TDS Credit on interest Income of deceased father to Assessee

April 24, 2022 5460 Views 0 comment Print

Ld. CIT(A) also failed to consider that as per section 159 of the Act, the legal heir is supposed to file the return of income. The assessee is the only legal heir of his deceased father and his mother is also pre-deceased her husband.

Non-trading association running on mutual concept eligible to claim expenses against interest income

April 24, 2022 720 Views 1 comment Print

Dhananjay Satellite Members Association Vs ITO (ITAT Ahmedabad) We note that assessee is registered as a non-trading organization, and the registration certificate is placed at page nos. 1, 2 and 3 of the assessee`s paper book. The assessee submitted before us, memorandum of association of the trust, which is placed at page no.4 to 20 […]

Reopening u/s 148 permissible in case of receipt of huge cash deposit vis-à-vis non-filing of ROI

April 22, 2022 5415 Views 0 comment Print

Vanditbhai Rajendrakumar Patel Vs ITO (ITAT Ahmedabad) Facts- The brief facts of the case were that as per AIR information, the Ld. Assessing Officer came know that the assessee had received cash deposits of Rs. 25,21,100/-in saving bank account maintained with Corporation Bank. To verify cash deposits, letter dated 10-02-2017 was served on the assessee, […]

ITAT restores appeal dismissed for want of prosecution despite 678 delays as same was due to Income Tax Practitioner’s Failure

April 21, 2022 2016 Views 0 comment Print

Smt. Manjulaben C. Tomar Vs ITO (ITAT Ahmedabad) The present application filed by the assessee seeks restoration of the appeal filed by the assessee in ITA No.956/Ahd/2012, pertaining to A.Y 2006-07 which was dismissed for want of prosecution vide order dated 27.03.2017. We have noted that the said appeal was disposed off without dealing with […]

Condonation of delay granted as order passed without knowledge of Assessee

April 8, 2022 4191 Views 0 comment Print

Held that condonation of delay in filing appeal granted in the interest of justice as the revenue didn’t refuted the contention of the assessee that he had no knowledge or order being passed.

Without change in circumstances Dept cannot take a different view on methodology of cost allocation accepted in earlier years 

April 3, 2022 591 Views 0 comment Print

Samarath Realities Vs DCIT (ITAT Ahmedabad) To sum up, the main arguments of the assessee are that the land cost varies from block to block and therefore the same is variable. The cost of land gets allocated through registered sale deed and the same is transferred to the land owner. The assessee of the project […]

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