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ITAT Ahmedabad

Deduction U/s. 80IB cannot be denied for mere non-filing of Audit Report alongwith return of income

February 16, 2014 2389 Views 0 comment Print

Requirement of filing audit report alongwith return of income is procedural in nature and audit report filed at the assessment stage shall be construed as sufficient compliance of the same for claiming deduction u/s 80IB.

Depreciation on electric fittings which are integral part of plant and machinery can be claimed at @25%

February 13, 2014 8373 Views 0 comment Print

It is undisputed that electrical items are fitted with projector and other film exhibition systems. Without electrical items, the projector as well as exhibition systems cannot be run. Therefore, it is a part and parcel of the plant and machinery. Thus, the assessee is entitled to higher rate @ 25%.

AS-7 is applicable to a “Contractor” and not to a “Developer”

February 8, 2014 6801 Views 0 comment Print

Brief facts of the case are that assessee is engaged in the business of sale/purchase of TDR, income by way of stallage and construction activity. During the assessment proceedings AO found that assessee had received advanced booking amount on account of the construction activity

Depreciation on vehicles cannot be disallowed merely because vehicles been registered in the name of partner

February 8, 2014 23281 Views 0 comment Print

On perusal of the submitted details, it is noticed that the assessee has claimed depreciation on motor vehicles amounting of Rs.2,93,169/- in the year under consideration, but during the course of assessment proceeding the assessee has produced bills and proof of purchase

Penalty on legal heir without impleading as legal heir not sustainable

January 27, 2014 6642 Views 0 comment Print

In the case before us, the legal heir was never impleaded or brought on record. The show cause notice for penalty was not issued, as legal heir of the deceased, and therefore, it cannot be said that non-mentioning of the name of the legal heir and writing of name of the deceased at the top

Exemption u/s 54EC can be availed by a Trust even if investments are made in the name of trustees or beneficiaries

January 13, 2014 4765 Views 0 comment Print

Facts in brief as emerged from the corresponding assessment order passed u/s. 143(3), dated 1.12.2009 were that the assessee is a trust and during the year disclosed a capital gain of Rs.87,29,080/-. It was informed that the assessee had invested a sum of Rs. 1,12,00,000/- in Rural

Cash flow statement prepared on the basis of seized material cannot be ignored

December 31, 2013 2202 Views 0 comment Print

It is an established way of computation of income where ever there is recycling of cash in a financial business to work out the peak credit. Particularly in a situation, when no regular or proper books of account are maintained by the assessee then a cash flow statement is generally prepared.

Once the TDS deducted, credit of the same to be given to assessees, irrespective of year to which it relates

December 27, 2013 9245 Views 0 comment Print

The brief facts of the case are that the assessee claimed credit for TDS of Rs.1,73,52,062/- for the AY 2006-07 and Rs.2,25,09,037/- in AY 2007- 08 which was not allowed by the AO on the ground that the income in respect of the said TDS was not shown by the assessee in view of the provisions

S. 80IA Option of choosing initial assessment year – ITAT distinguishes special bench judgment in case of Gold Mine Shares

December 27, 2013 2054 Views 0 comment Print

Sadbhav Engineering Ltd. vs. Dy. CIT (ITAT Ahemdabad)- In the instant case, the assessee claimed deduction u/s.80IA(4) of the Act for all the years which were disallowed by the AO on the ground that as per provisions of section 80IA(5) of the Act the computation of deduction has to be done by setting off of brought forward losses and depreciation of eligible business against their respective eligible incomes.

S. 40A(2)(b) Loan taken from relatives cannot be compared with bank loan

December 20, 2013 10767 Views 0 comment Print

It was held that loan taken from the relatives cannot be compared with bank loan because loan from the relatives are without security, while loan from the bank is secured. Tribunal has held in the case of Omkarmal Gaurishanker –Vs- ITO reported in 92 TTJ (Ahd.) 223 that interest paid to relatives @24% is reasonable.

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