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ITAT Rajkot

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

February 16, 2023 1083 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 4341 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 10593 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 4617 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 2451 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 2016 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 984 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 4800 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 3138 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 3222 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.

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