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ITAT Rajkot

Capital contribution by partner cannot be added in hands of partnership firm

June 5, 2023 3858 Views 0 comment Print

ITAT Rajkot held that the capital contribution made by the partner of the firm cannot be subject to the addition in the hands of the partnership firm.

Section 271(1)(c) penalty cannot be levied if ITAT deletes quantum addition

April 22, 2023 1029 Views 0 comment Print

Since the quantum addition stands deleted by the ITAT in the above order, there remains no basis for levy of penalty under section 271(1)(c)

Director’s nationality will not suffice as company incorporated, managed and controlled in UAE

April 10, 2023 1503 Views 0 comment Print

ITAT Rajkot held that Partner’s/Director’s nationality will not suffice the company’s residency as the company is incorporated in UAE and is managed and controlled only in UAE. Thus, it is a tax resident of UAE and, therefore, treaty between India and UAE (DTAA) is applicable

Apparent and obvious mistakes in return rectifiable by filing a rectification application u/s 154

April 10, 2023 2412 Views 0 comment Print

ITAT Rajkot held that apparent and obvious mistakes in the return can be rectified by filing an application under section 154 of the Income Tax Act. Accordingly, rejection of such application is unjustified.

Denial of deduction u/s 80P for non-filing return within due date prescribed u/s 139(1) is unjustified

April 1, 2023 3414 Views 0 comment Print

ITAT Rajkot held that denial of deduction under section 80P of the Income Tax Act on the allegation of non-filing of Return of Income within the due date prescribed under section 139(1) of the Income Tax Act is unjustified.

Denial of exemption u/s 80P of Income Tax Act just because of belated filing of return not justifiable

March 18, 2023 9306 Views 0 comment Print

ITAT Rajkot held that denying the exemption under Section 80P of the Income Tax Act merely on the ground of belated filing of return by the assessee is not justifiable.

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

March 6, 2023 6351 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 2046 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 5055 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 16326 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.

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