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ITAT Ahmedabad

Non-granting of opportunity of being heard is against principle of natural justice

January 9, 2025 1602 Views 0 comment Print

Held that no opportunity was allowed to the assessee by the Ld. CIT(A) (NFAC) before passing this ex-parte order. Thus, the order passed by the CIT(A) is in gross violation to the principle of natural justice.

Plausible explanations were made for cash deposited during demonetization-ITAT deleted addition u/s 69A

January 8, 2025 984 Views 0 comment Print

IT Department during demonetization (from November 9, 2016, to December 30,2016) identified various individuals who had deposited substantial sums of cash, under the initiative “Operation Clean Money”.

Addition u/s. 56(2)(vii) justified due to difference in stamp duty valuation: ITAT Ahmedabad

January 8, 2025 1110 Views 0 comment Print

ITAT Ahmedabad held that addition u/s. 56(2)(vii)(b)(ii) of the Income Tax Act justified due to difference stamp duty value of the property and sale consideration. Accordingly, appeal of the assessee allowed.

Interest income from business activity classified as business income and hence relevant expenses allowed

January 8, 2025 1902 Views 0 comment Print

ITAT Ahmedabad held that interest income earned from business activity is classifiable as business income and accordingly, relevant expenses allowed as deduction. Hence, appeal of the assessee allowed.

Interest from Nationalized Banks Not Deductible under Section 80(P): ITAT Ahmedabad

January 7, 2025 957 Views 0 comment Print

ITAT Ahmedabad held that interest received by co-operative society from SBI, which is a Nationalized Bank, is not allowable as per the section 80(P) of the Income Tax Act. Accordingly, AO directed to carry out proper adjudication and verification.

Non mentioning of proper service of notice in order: ITAT remanded matter to CIT(A)

January 7, 2025 636 Views 0 comment Print

The assessee earned income from selling milk and filed her return for AY 2017-18 declaring income of Rs.1,78,110/-. The case was selected for limited scrutiny with the reason of “large value cash deposits during demonetization period as compared to returned income”.

Revised income is lesser than returned income: ITAT deleted penalty u/s 270A

January 7, 2025 1311 Views 0 comment Print

Before ITAT it was submitted that AO determined the total income/revised income as Rs.12,84,93,150/-. Thus the assessed income is lesser than the returned income of Rs.13.30 crores.

Audit report filed belatedly: ITAT deleted penalty u/s 271B

January 7, 2025 14232 Views 0 comment Print

Assessee has not violated the provision of the Act u/s 271B as the assessee has Audited his accounts as per the provisions of section 44AB within the stipulated time but only filed the same belatedly.

Capital contribution was made by partners of the firm: ITAT deleted addition

January 7, 2025 483 Views 0 comment Print

Case was reopened after recording proper reason. Assessment was completed u/s.147 r.w.s. 144B of the Act on 25.03.2022, wherein addition of Rs.1 Crore was made in respect of unexplained investment in the immovable property.

Assessee did not appear despite service of notice: ITAT imposed cost of Rs. 5,000

January 6, 2025 474 Views 0 comment Print

Assessee filed return for AY 2013-14 declaring Nil income. The case of the assessee was reopened based on information received from investigation unit that the assessee is one of the beneficiaries of accommodation entries and bogus LTCG.

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