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ITAT Surat

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

July 5, 2023 3156 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 3072 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 507 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 1956 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.

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

June 13, 2023 3717 Views 0 comment Print

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

June 12, 2023 1647 Views 0 comment Print

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

June 10, 2023 960 Views 0 comment Print

Explore the recent ITAT Surat ruling on Mukesh Agarwal vs ITO, where no addition was justified without corroborative evidence on a discovered satakat during a third-party survey.

Legal Ignorance No Excuse for Delayed Appeal Filing: ITAT Surat

June 8, 2023 582 Views 0 comment Print

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

FMV determined by registered valuer after considering relevant factors cannot be ignored

May 29, 2023 1575 Views 0 comment Print

ITAT Surat held that fair market value (FMV) by the registered valuers is determined after taking into account all the relevant factors like size, shape, situation, location, utility, future potentiality, etc. accordingly, the same cannot be ignore.

Gift from HUF not to be added to income of Karta of such HUF

May 27, 2023 17226 Views 0 comment Print

ITAT Surat held that gift received from HUF cannot be added back to the total income of the assessee being Karta (Manager) of such HUF.

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