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ITAT Surat

Seized jewellery within limit prescribed by Circular No. 1916 cannot be treated as undisclosed

August 18, 2023 3969 Views 0 comment Print

ITAT Surat held that seized jewellery within the permissible limit prescribed by CBDT Circular No 1916 dated 11.05.1994 couldn’t be treated as undisclosed jewellery. Accordingly, addition u/s 69A of the Income Tax Act liable to be deleted.

Re-assessment of income u/s 147 merely based on change of opinion invalid

August 18, 2023 2049 Views 0 comment Print

ITAT Surat held that section 147 doesn’t allow the re-assessment of an income merely because of the fact that AO has change of opinion with regard to the interpretation of law differently on the facts that were well within his knowledge even at the time of assessment.

Charitable Trusts’ Activities Shouldn’t Be Restricted to Specific Caste: ITAT directs Readjudication

August 15, 2023 6315 Views 2 comments Print

Learn about Mar Baselius Orthodox Syrian Church vs CIT(Exemption) case where ITAT Surat discusses charitable activities of trusts and application of section 13(1)(b).

Section 80G Recognition Requires Trust Registration u/s 12AB: ITAT

August 12, 2023 2178 Views 0 comment Print

ITAT clarifies: Section 80G recognition needs Trust’s 12AB registration. Unregistered trusts ineligible for 80G recognition.

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

July 29, 2023 1134 Views 0 comment Print

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

July 14, 2023 1887 Views 0 comment Print

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 expenses and the interest income earned by the society.

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

July 5, 2023 4008 Views 0 comment Print

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

June 21, 2023 4098 Views 0 comment Print

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

June 19, 2023 783 Views 0 comment Print

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

June 14, 2023 3642 Views 0 comment Print

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.

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