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Tag: ITAT Ahmedabad

Income Tax in MediaMedia

ITAT Surat grants Section 54F tax exemption relying on a 1983 CBDT circular; Know why

byAdmin18/08/202618/08/2026

Mr Patel, who hails from Khatodara in Surat, Gujarat, is a co-owner of his late mother’s land in Althan. This plot, spanning 9,510 sq. meter was originally bought for Rs 21.17 lakh by his mother on March 31, 2008.

COMPLIANCE

Taxpayer fights and gets big relief against Rs 2.28 crore income tax notice; ITAT Ahmedabad reduced it to only Rs 63,000

byAdmin23/11/202523/11/2025

Mr. Bandopadhaya (name withheld) had the worst day ever when the income tax department sent him a draft assessment order that added Rs 2.28 crore (2,28,14,293) to his account.

GST ArticleIncome Tax Tribunal

Oil wells are plant and machinery and eligible for higher depreciation

byCA Bimal Jain11/06/202311/06/2023

The ITAT, Ahmedabad in the case of M/s.Joshi Technologies International Inc. v. The Asst. Director of Income Tax [ITA Nos. 3456/Ahd/2010 & 3195/Ahd/2011, dated May 19, 2023] held that oil wells are plant and machinery, and accordingly, higher depreciation would…

GST ArticleIncome Tax Tribunal

No penalty leviable when income assessed shown in income tax return

byCA Bimal Jain05/06/202305/06/2023

The ITAT, Ahmedabad in the matter of the DCIT, Central Circle-1(1), Ahmedabad v. NBM Iron & Steel Trading Pvt. Ltd. [ITA No. 205/Ahd/2022, dated May 17, 2023] held that if an assessee during a survey surrendered his income and later…

GST ArticleIncome Tax Tribunal

No penalty can be levied if income already taxed in the hands of another entity

byCA Bimal Jain22/02/202322/02/2023

The ITAT, Ahmedabad in Amitkumar Hasmukhbhai Shah v. Deputy CIT [ITA Nos. 517 & 518/Ahd/2019 dated January 18, 2023] has set aside the penalty, for alleged concealing the particulars of income, on the grounds that the income which was sought…

GST ArticleIncome Tax Tribunal

Assessee cannot claim exemption of LTCG based on unregistered Banakhat agreement

byCA Bimal Jain21/02/202321/02/2023

The ITAT, Ahmedabad in Shri Navghanbhai Laxman Rabari v. ITO [ITA No.1864/AHD/2019 dated January 18, 2023] has held that, the transfer of property only takes place when either the possession of the property is transferred or sale deed is executed…

GST ArticleIncome Tax Tribunal

Entire amount cannot be added to income when assessee is not able to prove the genuineness of the party

byCA Bimal Jain24/12/202224/12/2022

The ITAT, Ahmedabad in the case of M/s. Accra Pac (India) Pvt. Ltd. v. D.C.I.T [ITA No. 514/Ahd/2018 dated November 07, 2022], partially allowed the appeal of the assessee against the order passed by the Revenue Department confirming the addition…

GST ArticleIncome Tax ArticleIncome Tax Tribunal

Personal savings of a government employee cannot be suspected for several years

byCA Bimal Jain17/12/202217/12/2022

The Income Tax Appellate Tribunal, Ahmedabad Bench (“the ITAT”) in PiyushbhaiMangalbhai Patel Vs Income Tax Officer [I.T.A. No.198/Ahd/2020 dated October 28, 2022] has deleted the addition of Rs. 12,70,000/- observing that the personal savings of government employees could not be…

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