ITAT Surat

Old currency notes receipt for booking of railway tickets allowed during demonetization

Jitendra Nemichand Gupta Vs ITO (ITAT Surat)

ITAT Surat held that addition towards cash deposited during demonetization period unwarranted as booking of railway tickets were allowed by way of old currency notes. Here, cash were received from various travelers for booking of railway tickets....

Internet expenses not deductible against interest income due to lack of nexus

Adarsh Sahakari Ghar Bandhnari Mandali Ltd Vs ACIT (ITAT Surat)

The Income Tax Appellate Tribunal (ITAT) Surat has dismissed the appeal of Adarsh Sahakari Ghar Bandhnari Mandali Ltd, a co-operative housing society, confirming that expenses incurred on internet subscriptions are not eligible for deduction under Section 57 of the Income Tax Act. The tribunal ruled that there was no nexus between the exp...

Delay in filing of appeal condoned in absence of any deliberate/ intentional/ gross negligence

Nimesh Kanubhai Topiwala Vs DCIT (ITAT Surat)

ITAT Surat held that the delay in filing appeal before ld CIT(A)/ NFAC is not deliberate or intentional or gross negligence on part of assessee and hence the same is condoned....

Capital gain doesn’t form part of turnover for the purpose of section 44AB

Radheyshyam Bisani Vs ITO (ITAT Surat)

ITAT Surat held that assessee is not required to get his books of accounts audited under section 44AB of the Income Tax Act as capital gain, short term or long term, doesn’t form part of turnover. Accordingly, penalty under section 271B not leviable....

Revision order passed without adequate opportunity to file relevant material is unsustainable

Shhlok Triton Associates Vs PCIT (ITAT Surat)

ITAT Surat held that revisionary order passed by PCIT under section 263 of the Income Tax Act without providing adequate opportunity to the assessee to file relevant material evidences and documents before him is liable to be remanded back for fresh consideration of the matter....

Deduction u/s 54B allowable even if nature of land converted to non-agriculture just before transfer

ITO Vs  Bharatkumar Laljibhai Tejani (ITAT Surat)

ITAT Surat held that deduction under section 54B duly allowable in case the nature of land was converted from agriculture to non-agriculture purpose just before transfer of land....

No Section 271(1)(b) Penalty if Assessment completes U/s. 143(3)

Ramabhai Kanjibhai Patel Vs DCIT (ITAT Surat)

Explore the outcome of Ramabhai Kanjibhai Patel vs DCIT where the ITAT Surat negates penalty under Income Tax Act Section 271(1)(b) when the assessment gets completed under Section 143(3)....

ITAT upheld section 271FA penalty for non-filing of SFT

Bharuch Forex Pvt Ltd Vs ADIT (ITAT Surat)

A penalty of was levied under section 271FA of Income Tax Act, 1961. The assessee’s subsequent appeal, stating that SFT was filed when e-filing portal was available, lacked supporting evidence and hence did not hold in court....

No addition can be made on Absence of Corroborative and Supporting Evidence regarding Satakat found during survey of Third Party Business Premises: ITAT

Mukesh Agarwal Vs ITO (ITAT Surat)

Mukesh Agarwal Vs ITO (ITAT Surat) The  Surat bench of Income Tax Appellate Tribunal (ITAT) has recently held that no addition could be made on absence of corroborative and supporting evidence regarding satakat found during  survey of third party business premises When a search action was conducted on the premises of one Vasudev Goplani...

Legal Ignorance No Excuse for Delayed Appeal Filing: ITAT Surat

Nileshkumar Chhaganbhai Vasoya Vs ITO (ITAT Surat)

ITAT Surat's in case of Nileshkumar Chhaganbhai Vasoya Vs ITO, held that legal illiteracy of a common man is not an excuse for delay in filing appeal...

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October 2023