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ITAT Surat

AO had no power to review but having power to re-assess

July 4, 2022 1371 Views 0 comment Print

Reassessment was not justified as AO can exercise power to re-open, provided there was tangible material to come to the conclusion that there was escapement of income from assessment.

Delay in depositing employee’s contribution to PF – ITAT refers matter back to CIT(A)

July 3, 2022 1518 Views 0 comment Print

Soul Clothing Pvt. Ltd. Vs DCIT (ITAT Surat) We note that the issue involved in the present appeal of assessee is covered against the assessee, as the assessee has not deposited Employees Provident Fund (EPF) with the prescribed authority within stipulated time, therefore as per the judgment of the Hon’ble Gujarat High Court in the […]

ITAT deletes addition of unsecured loans made for non-filing of ITR of lenders

June 22, 2022 1557 Views 0 comment Print

ACIT Vs Anand Jayantilal Kharbhari (ITAT Surat) We note that addition of unsecured loans of four parties totaling to Rs.3,65,00,000/- was made by the assessing officer only for want of Income Tax Returns. The assessing officer had mentioned in the assessment order about the confirmation and other details filed but because scrutiny selection through CASS […]

Holistic view adopted for calculation of fair market value

June 20, 2022 2580 Views 0 comment Print

Held that tribunal in assessee’s co-owner case has taken holistic view in adoption of fair market value as DVO has himself stated in his report that the impugned land was situated at a more appropriate location as compared to sale instances considered by him.

No section 271(1)(c) penalty for additions upheld on estimation basis

June 20, 2022 768 Views 0 comment Print

Jagubhai Chhaganbhai Patel Vs I.T.O (ITAT Surat) In this cases in quantum appeals assessee was granted substantial relief in deleting major part of additions and only part of capital gains only on account of cost of improvement on pucca structure was partly upheld on estimation basis. Therefore, all substantial additions were either deleted or upheld […]

Expense towards minor renovation is not capital expenditure

June 17, 2022 765 Views 0 comment Print

Suvidha Fashions Vs ITO (ITAT Surat) The repairs of small modification carried out at the premises are small scale repair which cannot be classified with capital expenditure. Facts- The appellant is a partnership firm engaged in the business of embroidery job work. During assessment, AO noted that assessee has shown purchases of GPO cloth of […]

Addition should be of Net profit/ income & not of gross profit

June 17, 2022 2895 Views 0 comment Print

It is the net profit and net income which has to be added and not the gross profit since indirect expenses are also incurred in the business.

No denial of Foreign Tax Credit For Mere Delay In Filing of Form No. 67

June 16, 2022 3375 Views 0 comment Print

ITAT held that Assessee has vested right to claim Foreign Tax Credit (FTC) under the tax treaty, the same cannot be disallowed for mere delay in compliance of a procedural provision, that is ‘delay in filing Form No.67’. 

Belated retraction falls in afterthought category & has less efficacy in law

May 28, 2022 2565 Views 0 comment Print

M. D. Infra Developers Vs DCIT (ITAT Surat) Facts- The assessee firm is in the real estate business. A search action under section 132 of the Income-tax Act, 1961, was carried out on 17-07-2012 in the group cases of Dalia (Badshah) Babariya Group of Surat. The AO observed the modus operandi for purchase of said […]

Section 11 & 12 Exemption allowable to Surat District Cricket Association

May 25, 2022 912 Views 0 comment Print

When the assessee’s main dominant and prime objective was to promote the sports was not desire to earn profits but, object of promoting sports for Nation, it was clearly a charitable purpose. Assessee was entitled for exemption under section 11.

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