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It appears from the records that the appellant incurred expenses pertain to Advertisement and other general business promotion through engagement of a party in UK.
THE DCIT/ACIT, CIRCLE – 1 (1) (1), VADODARA. VERSUS M/S. CRYOGAS EQUIPMENT PVT. LTD.
(2019) TaxCorp(LJ) 19574 (ITAT-AHMEDABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=76151&Category=ITAT&CategoryType=Zip
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The ld.CIT(A) reproduced grounds of appeal on page no.1 and 2, and thereafter reproduced submissions of the assessee upto page no.44. In other words, he has reproduced 40 pages of written submission given by the assessee, and thereafter concluded the finding in five-six lines. This order has been followed blindly in other years without any application of mind. Thus, it is a just non-speaking order at the end of the ld.CIT(A).
ATUL LIMITED VERSUS DCIT (OSD) , RANGE-1 AHMEDABAD. AND ACIT (OSD), RANGE-1 AHMEDABAD. VERSUS ATUL LIMITED
(2019) TaxCorp(LJ) 19550 (ITAT-AHMEDABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=76091&Category=ITAT&CategoryType=Zip
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Deletes addition on account of reversal of unsecured loan u/s. 41(1) in absence of proof that the assessee has been allowed any deduction in respect of waiver of such liability in the past.
Medical Technologies Limited Vs ITO
(2019) TaxCorp(LJ) 19545 (ITAT-AHMEDABAD) · Section 41(1)
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Capital gains addition u/s.45(4) with respect to revaluation of asset upon conversion of assessee-firm into a company is deleted by ITAT.
Vishal Engineering and Galvanizers Vs DCIT
(2019) TaxCorp(LJ) 19543 (ITAT-AHMEDABAD) · Section 45(4)
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ITAT - Expenditure incurred in the earlier year can be met out of the income of the subsequent year and utilization of such income would amount to income application for charitable or religious trusts u/s. 11.
Shree Bhartimaiya memorial Foundation Vs Dy. Commissioner of Income-tax
(2019) TaxCorp(LJ) 19400 (ITAT-AHMEDABAD) · Section 11
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ITAT - HUF is not covered within the definition of relative as prescribed u/s 40A(2)(b), hence commission to own HUF by Karta is not covered by 'related party payments'.
Prataprai G. Rohra Vs The ACIT
(2019) TaxCorp(LJ) 19398 (ITAT-AHMEDABAD) · Section 40A(2)
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ITAT - Sale deed execution, not POA execution, is relevant for transfer of property and for capital gains purposes.
Shri Vishnubhai Vithalbhai Patel (HUF) Vs The DCIT
(2019) TaxCorp(LJ) 19331 (ITAT-AHMEDABAD)
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The online filing of appeal was newly introduced during the year under consideration because of which the assessee had faced difficulty in uploading the appeal electronically in the system.
Atul Ltd Vs THE DCIT
(2019) TaxCorp(LJ) 19262 (ITAT-AHMEDABAD)
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ITAT - Consultancy fee paid to non-resident for the professional services rendered outside India (as export); not taxable in India u/s 9(1)(vii).
Indo Colchem Ltd Vs Asst.Commissioner of Income Tax
(2019) TaxCorp(LJ) 19250 (ITAT-AHMEDABAD) · Section 9(1) (vii)
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S. 50C Capital Gains: Though s. 50C is a deeming provision and the AO is obliged to compute the capital gains by taking the valuation arrived at by the DVO in place of the actual consideration received by the assessee, the assessee is entitled to challenge the correctness of the DVO's valuation before the CIT(A) and the Tribunal. The DVO has to be given an opportunity of hearing
Lovy Ranka vs. DCIT
(2019) TaxCorp(LJ) 19166 (ITAT-AHMEDABAD) · Section 50C
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ITAT - Admission of addition evidence - The additional evidence submitted by the assessee have a material bearing to decide the issue. Therefore, the assessee is required to be given a fair chance and opportunity to the assessee in the interest of natural justice.
MS. MONAZ BURZIN MYSOREWALA VERSUS INCOME TAX OFFICER, WARD- 8 (4) AAYAKARBHAWAN, VADODARA
(2019) TaxCorp(LJ) 18027 (ITAT-AHMEDABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=73458&Category=ITAT&CategoryType=Zip
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S. 254(2)/ 271(1)(c): Though the High Court faulted the Tribunal's decision of reducing the penalty as a "way to bypass the minimum limit" and the Tribunal was in error in granting the relief, the same does not constitute a "mistake apparent from the record" so as to enable the Tribunal to revisit its decision
ITO vs. Devendra J Kothari
(2019) TaxCorp(LJ) 17993 (ITAT-AHMEDABAD) · Section 254(2)/ 271(1)(c)
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ITAT - Labour expenditure related to wife - It is not new that family members helping each other in doing business in their proprietor-ship concerns. If some salary is attributable to them on their working, then it should not be doubted simply for the reason that those family members are not aware about the raising of bills in their names - Expenses allowed.
SHRI SHRIRAJ PANKAJ SHAH VERSUS ACIT, CIR. 5 (2) AHMEDABAD.
(2019) TaxCorp(LJ) 17909 (ITAT-AHMEDABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=72157&Category=ITAT&CategoryType=Zip
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Non-taxable capital receipt vs. Business Profits: Test of human probabilities has to be applied to decide whether what is apparent is real. Tax authorities are not required to put on blinkers while looking at documents. They are entitled to look into the surrounding circumstances to find out the reality. The agreement has to make commercial sense. The plea that "coining of concept" is a valuable right worth Rs. 10 cr is too naive & beyond human probabilities to merit judicial acceptance
Ashish Tandon vs. ACIT
(2019) TaxCorp(LJ) 16891 (ITAT-AHMEDABAD)
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ITAT - A salaried individual cannot claim deduction u/s. 24 for the whole amount of interest in respect co-owned property 'let-out' to mother.
Shri Hitesh H Budhbhatti Vs ITO
(2019) TaxCorp(LJ) 16881 (ITAT-AHMEDABAD) · Section 24
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ITAT - Agreement for sale of 'technical concept' is not capital receipt and taxable under the head income from other sources'.
Ashish Tandon Vs Assistant Commissioner of Income Tax
(2019) TaxCorp(LJ) 16867 (ITAT-AHMEDABAD)
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ITAT - Merely because the assessee had claimed the expenditure, which was not accepted or was not acceptable to the revenue, that by itself would not, attract the penalty u/s 271(1)(c) of the Act.
DCIT, CIRLCE – 4 (1) (2), AHMEDABAD. VERSUS M/S. VINI COSMETICS PVT. LTD.
(2019) TaxCorp(LJ) 16862 (ITAT-AHMEDABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=71070&Category=ITAT&CategoryType=Zip
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ITAT - No penalty u/s 271(1)(c) in case where in response to a notice u/s 153A assessee furnishes a return disclosing higher income.
SHRI NITINBHAI TULSIDAS CHOTTANI D-21 VERSUS DCIT, CENT. CIR. 1 (3) AHMEDABAD.
(2019) TaxCorp(LJ) 16658 (ITAT-AHMEDABAD) · http://taxcorp.in/FileOpenDT.aspx?ID=70513&Category=ITAT&CategoryType=Zip
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ITAT - In the absence of necessary documentary evidence the AO had no alternative except to make the disallowance on an ad-hoc basis.
M/S. SHINE PHARMACEUTICALS LTD. VERSUS THE DCIT CIRCLE (2) (1) (1) BARODA
(2019) TaxCorp(LJ) 16608 (ITAT-AHMEDABAD) · http://taxcorp.in/FileOpenDT.aspx?ID=70223&Category=ITAT&CategoryType=Zip
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ITAT - Consultancy fees to foreign consultants falls under the ambit of Article 14 of DTAAs on ‘Independent Personal Services’ and not FTS.
Hydrosult Inc Vs The Deputy Commissioner of Income- tax(International Taxation)-2
(2019) TaxCorp(LJ) 16595 (ITAT-AHMEDABAD)
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