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ITAT Ahmedabad

In a tax neutral exercise, no addition towards unutilized CENVAT credit is warranted

August 21, 2020 1056 Views 0 comment Print

whether the CIT (A) is correct in confirming addition u/s 145A of the Act to closing stock for unutilized Cenvat credit in respect of credit inputs or capital goods purchased?

Absence of incriminating material during search- No Addition in Section 153A Assessment

August 19, 2020 1371 Views 0 comment Print

If in relation to any assessment year, no incriminating material is found, no addition or disallowance can be made in relation to that assessment year in exercise of power under section 153A.

AE cannot be considered for the purpose of comparable

August 19, 2020 2622 Views 0 comment Print

Lonsen Kiri Chemical Industries Ltd. Vs DCIT (ITAT Ahmadabad) Once the comparable company becomes the AE of the assessee in the year under consideration, then such company cannot be considered for the purpose of comparable. Case Summary: – Facts of the case: The assessee is a joint venture of two companies namely Well Prospering Ltd […]

Excise Duty related to earlier years allowed under section 43B

August 19, 2020 2916 Views 0 comment Print

In the instant case, the assessee in the year under consideration has claimed an expense under the head prior period item in its profit and loss account. Such prior period item was representing the excise duty with respect to waste i.e. Spent Earth generated during the manufacturing process. The assessee during the assessment proceedings admitted that such expenses pertains to the earlier year but the same is allowable on payment basis under section 43B of the Act.

Shortfall Due to its Excess Spending allowed to C/F in full for Set off against Incomes – Section 11

August 19, 2020 1746 Views 0 comment Print

The issue under consideration is whether where a trust has incurred shortfall due to its excess spending in a particular year, such deficit or shortfall allowed to be c/f in full for set off against the incomes in  subsequent years under s.11(1)(a) and Section 11(1)(b) of the Act?

If Assessee Engaged in Accommodation Entries Only Commission to be Added on Estimation Basis

July 30, 2020 4224 Views 0 comment Print

The issue under consideration is whether for assessee engaged in providing accommodation entries only commission amount to be added on estimation basis or entire amount of accommodation entry to be added?

ITAT Restored Case to AO Regarding TDS Applicability u/s 194A on Financial Charges Paid for Car Loan

July 9, 2020 885 Views 0 comment Print

The issue under consideration is whether the disallowance u/s 40(a)(ia) is justified for non deduction of TDS u/s 194A on financial charges paid for car loan?

Mere Form No. 3CEB filing cannot make assessee liable for Section 92BA investigation

June 29, 2020 1734 Views 0 comment Print

Merely because a prescribed Form No. 3CEB was filed in accordance with Rule 10E r.w.s. 92BA of the Act would not make an assessee susceptible to onerous investigation proceedings on such transactions where the assessee prima facie demonstrates that Section 92BA of the Act is wholly inapplicable in any manner at the first instance

Section 143(2) Notice to Erstwhile Non-Existent Partnership Firm is Void-ab-Initio

June 4, 2020 2256 Views 0 comment Print

The issue under consideration is whether AO is correct in issuing notice u/s 143(2) in the name of erstwhile partnership firm which was a non-existent entity at that point of time?

Where own funds exceeds investment, no disallowance of interest can be made u/s 14A

June 4, 2020 1455 Views 0 comment Print

Gujarat State Energy Generation Ltd. Vs ACIT (ITAT Ahmedabad) Held that if the assessee can demonstrate the availability of surplus interest free funds for making investments that are generating tax free income, disallowance under Section 14A of the Act would not be justified. In this case, the own fund of the assessee exceeds the amount […]

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