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ITAT Rajkot

TCS on Scrap- No time line prescribed for filing of declaration to claim exemption

January 13, 2023 2193 Views 0 comment Print

Falgun N. Sheth Vs ITO (ITAT Rajkot) The plain reading of the provision of law as provided in section 206C(1A) of the Act would bring out there is no time line prescribed for filing of such declaration. Nothing to this effect has been brought to our notice by the ld. DR; nor is it his […]

Section 11 exemption denial for non-mention of Trust Registration details in ITR – ITAT restores matter to AO

January 3, 2023 1179 Views 0 comment Print

ITAT note that the benefit of deduction u/s 11 of the Act has been denied by the authorities below primarily on the reasoning that the trust was not registered under the provision of section 12A of the Act.

Section 194C TDS applicable on conversion of raw milk into processed milk & products

January 3, 2023 6093 Views 0 comment Print

DCIT Vs Maahi Milk Producer Co. Ltd (ITAT Rajkot) The brief facts of the case the assessee is engaged in the business of selling milk and milk products. The assessee had made payment of Rs. 29,63,90,780/- to M/s. Mother Dairy and M/s. Giriraj Milk Pvt. Ltd. for conversion of raw milk into processed milk and […]

Deduction u/s 80P(2)(d) available on dividend & interest from investment with co-op bank

January 1, 2023 3276 Views 0 comment Print

ITAT Rajkot held that dividend income and interest earned on surplus held with cooperative bank would be eligible for deduction under Sec.80P(2)(d) of the Income Tax Act.

Service of notice to last known address is valid service

January 1, 2023 3858 Views 0 comment Print

ITAT Rajkot held that service of notice to the last known address of the assessee cannot be held as invalid service of notice as assessee has left the place to unknown location without informing anyone.

Section 269SS not applicable on Cash Loan Taken from Brother & Mother

January 1, 2023 2991 Views 0 comment Print

Hitesh Manshukhbahi Dave Vs JCIT (ITAT Rajkot) Gujarat High Court in the case of Dr. Rajaram L. Akhaniv ITO [2017] 88 taxmann.com 693 (Gujarat) has held that where assessee had accepted a sum of Rs. 2 lakhs from his son to meet urgent requirement of depositing margin money in bank account for buying a vehicle […]

Penalty u/s 271(1)(b) not leviable if reasonable cause shown by Assessee

December 27, 2022 11262 Views 0 comment Print

ITAT Rajkot held that as notices were served to e-mail ID of old income tax practitioner of the assessee, assessee was not aware of the issuance of the same and hence didn’t replied Held that penalty u/s 271(1)(b) of the Income Tax Act cannot be imposed when assessee proves that there was reasonable cause for the failure.

Inadvertent mistake committed while filing return cannot take away rights of assessee

December 23, 2022 5502 Views 0 comment Print

ITAT Rajkot held that department cannot take away rights of the assessee just by inadvertent mistake committed by the assessee at the time of return filing.

Addition towards notional income on advance deleted in absence of specific provision

December 20, 2022 3870 Views 0 comment Print

ITAT Rajkot held that in absence of any specific provisions under the Income Tax Act, notional income on advance cannot be brought to tax. Accordingly, addition deleted.

If appeal is pending before CIT (A), exercise of section 263 jurisdiction by PCIT would be barred

November 17, 2022 5319 Views 0 comment Print

It is well-settled law that once the proceedings are before Ld. CIT(Appeals) in respect of certain issues, then the same issue again cannot be re-agitated by taking recourse to proceedings under section 263 of the Act as held in the case of CIT v. Vam Resorts and Hotels Private Limited 418 ITR 723 (Allahabad)

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