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ITAT Rajkot

Amendment to 6th proviso to section 139(1) applicable w.e.f. AY 2020-21

June 16, 2022 3429 Views 0 comment Print

Smt. Ashaba Rajendrasinh Vs CIT (ITAT Rajkot) Ld. CIT(A) while rejecting the claim of the assessee observed that the assessee was mandatorily required to file the return of income for the year under consideration which he has failed to do. In that view of the matter the claim of deduction under section 54 has been […]

Section 54B deduction eligible on Advance Payment to Purchase Agricultural Land

May 18, 2022 1920 Views 0 comment Print

DCIT Vs Indranil Sanjaybhai Rajyaguru (ITAT Rjakot) It is an undisputed fact that when the initial payment of Rs. 12.15 crores has been made for purchase of the new asset that too more than the amount of capital gain to the tune of Rs. 2.90 crores before the due date of filing of the return […]

TDS not deductible on payment for time charter of ships to non-resident

February 11, 2022 5496 Views 0 comment Print

ITO Vs Terapanth Foods Limited (ITAT Rajkot) It is pertinent to note that the CIT(A) has categorically mentioned that Section 195 of the Act would apply only if payment is made which is chargeable under Income Tax Act 1961. The Assessing Officer has not given any reason as to why the chargeability of tax under […]

No Penalty under Wealth tax if AO not specifies that default relates to concealment and/or furnishing of inaccurate particulars

June 4, 2021 2886 Views 0 comment Print

Smt. Yannaben Anilbhai Jethani Vs ITO (ITAT Rajkot) We find that the issue for our consideration is, whether penalty initiated and levied under section 18(1)(c) of the Wealth Tax Act, without clearly specifying particular default relates concealment of wealth and/or furnishing of inaccurate particulars is valid in law ? The contention of the assessee that […]

AO cannot simply deny claim of Assessee of use of premises for business without investigation

February 10, 2021 1125 Views 0 comment Print

ITAT rules in favor of Anilbhai Chunilal Bhayani, rejecting AO’s disallowance of transportation expenses. Assessee’s explanations and documents deemed sufficient.”

Section 132(4) statement & notings found during search sufficient to invoke section 153A jurisdiction

October 21, 2020 4455 Views 0 comment Print

The issue under consideration is whether the assessee is correct in stating that cognizance taken under section 153A of the Act is illegal at the end of the A.O.?

Contractors Performing Work in Nature of Developer-cum-Contractor Eligible to Claim Deduction u/s 80-IA

July 30, 2020 5742 Views 1 comment Print

Patel Infrastructure Pvt. Ltd. Vs DCIT (ITAT Rajkot) The issue under consideration is whether contractors performing the work in the nature of a developer-cum-contractor are eligible to claim deduction u/s 80-IA(4) of the Income Tax Act, 1961? ITAT states that even after the amendment by the Finance Act, 2007 and the Finance Act, 2009, the […]

Addition on estimate basis – Section 271(1)(c) cannot be imposed

June 2, 2020 1656 Views 0 comment Print

It is a settled principle of law that where addition to assessee’s income is made on estimate basis penalty under section 271(1)(c) cannot be imposed.

Provisions of section 153C on search date will be applied to proceedings

June 1, 2020 2973 Views 0 comment Print

DCIT Vs Late Shri Pravinsinh N Zala (ITAT Rajkot) Whether the amendment brought under the provisions of section 153C of the Act, where the word ‘belong’ was replaced with the word ‘pertain’ is applicable for the year under consideration. It was only on 1st June, 2015 when the amended provisions came into force that the […]

Section 194C TDS not applicable on terminal handling charges

February 28, 2020 83592 Views 0 comment Print

As per the circular no. 723 dated 19.09.1995 states that where the provisions of Section 172 are to apply, the provisions of Section 194C and 195 relating to tax deduction at source are not applicable.

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