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ITAT Rajkot

Interest u/s 234A & 234B leviable only till date of self-assessment tax & not beyond

March 6, 2023 7245 Views 0 comment Print

ITAT Rajkot held that interest under section 234A and 234B can be levied only up to the date of self-assessment tax paid and not for period beyond that date.

Penalty u/s 271F not leviable as post search there was delay in providing seized documents

March 6, 2023 2373 Views 0 comment Print

ITAT Rajkot held that penalty under section 271F of the Income Tax Act not leviable as post search there was delay in providing seized documents. Further, Checking, cross checking and reconciliation of datas was a very lengthy process is also a reasonable cause for non-furnishing of income tax return.

Road construction expense for smooth & efficient running of business is allowable expense

February 17, 2023 6291 Views 0 comment Print

Rudraksh Detergent & Chemicals Pvt Ltd. Vs ACIT (ITAT Rajkot) Controversy before us relates whether the expenses incurred by the assessee on the road construction amounts to capital expenditure in the given facts and circumstances. There is no ambiguity that the assessee shall gain the benefit out of the road expenses incurred by it. But […]

Sale of agricultural land after conversion into non-agricultural land is taxable

February 16, 2023 20142 Views 0 comment Print

ITAT Rajkot held that conversion of agricultural land into non-agricultural land and sale thereof, such sale consideration is received from sale of non-agricultural land and hence the same is taxable under income tax.

No section 69A addition for denial of section 80G deduction   

February 16, 2023 1434 Views 0 comment Print

Batuk Vithalabhai Donga Vs ITO (ITAT Rajkot) If addition under section 80U is not made under section 68 or 69, then tax cannot be imposed under section 115BBE Assessee has not challenged the additions made by the AO under section 80U and 80G of the Act, but has only challenged the computation of tax liability […]

Denial of deduction u/s 80P as return was not filed within due date is unjustified

February 9, 2023 5076 Views 0 comment Print

ITAT Rajkot held that the claim of deduction u/s 80P of the Act cannot be denied only on the basis that the assessee did not file its return of income within due date u/s 139(1) of the Income Tax Act.

Section 80P deduction cannot be denied for non-filing of return within due date for AY 2019-20

January 18, 2023 11289 Views 1 comment Print

Medi Seva Sahakari Mandali Ltd Vs ADIT (ITAT Rajkot) Held by the Rajkot Bench of the Income Tax Appellate Tribunal in the case of [2023] 146 taxmann.com 3 (Rajkot – Trib.) Medi Seva Sahakari Mandali Ltd. V ADIT (CPC) that deduction u/s 80P could not be denied only on the basis that assessee did not […]

Additions cannot be made merely on the basis of Form 26AS

January 15, 2023 5331 Views 0 comment Print

Sureshkumar K Kataria Vs DCIT (ITAT Rajkot) ITAT notes that there was mismatch in the gross income reported by the assessee viz a viz the income reflecting in form 26AS for an amount of Rs. 4,13,081.00 only. As such, the assessee has shown less income by the impugned amount, therefore concurrent view was taken by […]

Fine for overloading paid to RTO is an allowable expenses under Section 37

January 15, 2023 3255 Views 1 comment Print

Kiran Roadlines Vs ACIT (ITAT Rajkot) The assessee is a registered firm in the business of transportation. It appears that for A.Y. 2004-05 & 2005-06 identical penalty debited to P&L account has been allowed by he Ld. CIT(A). In appeal preferred before the ITAT by the Revenue dated 06.03.2009, the Hon’ble Bench has been pleased […]

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

January 13, 2023 2298 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 […]

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