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Question : Is Penalty under Section 271E is permissible in the absence of regular assessment framed against the assessee by the Revenue? ITAT – Ahmedabad in the case of Vijayaben G Zalavadia, … vs The Jt. Cit, Gandhinagar on 11 May, 2022. Answer: Penalty Quashed.
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What are the consequences if Notice u/s 148 is issued before approval under section 151(1)? ITAT Ahmedabad passed the order on 4 June, 2021. in the case of OMPRAKASH KANAYALAL SHAH vs. ITO Section 147,148,151(1). https://www.bpmundraca.com/it-cases-243-2021/
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The question in the present case is as to whether the information received from the investigation wing/search team would constitute ‘reason to believe’ empowering the Assessing Officer to reopen the assessment u/s 147/148. Answer is given by ITAT Ahmedabad on 12/11/2020 in the case of Hitesh Ashok Vaswani Vs DCIT. https://www.bpmundraca.com/it-cases-240-2021/
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Addition for accommodation entries without making any independent enquiry from the suppliers nor allowed any cross-examination of the third party though specifically demanded by the assessee-company? ITAT Ahmedabad on 8th March 2021 hold that the addition is deleted as it based on hypothesis, conjectures and suspicion. In the case of ACIT Vs. Darshanam Life Space Pvt. Ltd. & Anr Section 143(3)
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Section 159. The assessment made on dead person, on the face of it, be a nullity in law. In the case in hand, we find that when the factum of death was brought to the notice of the authorities below, instead of substituting the legal heirs of the assessee in the file of the Revenue both the authorities below proceeded with and finalized the assessment against the assessee, Late Ghanshyam H Parsana, since deceased which is unlawful, arbitrary, erroneous and bad in law. LATE GHANSHYAM H PARSANA vs. ITO. Order date Aug 31, 2020. AY 2006-07. In favour of assessee. ITAT AHMEDABAD BENCH ‘C’
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ITAT Ahmedabad on 11th March, 2020-Diary seized, surrender made and survey statement recorded under section 133A. But having no corroborative evidences. Exorbitant profit is not possible in the line of business of the assessee. No other business is found. No unexplained investment is found. It was held that Since it is business receipt only GP based on past history can be added as income.
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ITAT AHMEDABAD held on Mar 2, 2020 that when assessee has not made any claim for exemption of any income from the payment of tax, therefore, there cannot be any disallowance u/s.14A of the Act
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ITAT Ahmedabad held on 6.1.2020 that the provisions of section 68 cannot be applied in relation to the sales receipt as the sales receipt has already been shown in the books of accounts as income at the time of sale only particularly when the purchases have been accepted, then the corresponding sales cannot be disturbed without giving any conclusive evidence/finding. No addition can be made on this ground.
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ITAT AHMEDABAD on Mar 11, 2020 held that 148 Notice issed in the name of dead person. One legal representative participated in proceedings. Raised objection 1st time in appeal. It is procedural mistake rectificable 292B to frame assessment in the name of all legal heirs as per the provisions of law after issue of notice u/s 148 to all legal representatives.
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11 मार्च 2020 अहमदाबाद ट्रिब्यूनल ने फेसला दिया कि अगर कर निर्धारण अधिकारी धारा 148 का नोटिस मृत व्यक्ति के नाम से दिया है और उसके उत्तराधिकारी नोटिस का जवाब देते हैं और उस समय कोई ऑब्जेक्शन नहीं उठाते हैं और कर निर्धारण अधिकारी उत्तराधिकारी के नाम से एसेसमेंट ऑर्डर करते हैं तो वह नोटिस 148 वैलिड रहेगा लेकिन चूंकि एसेसमेंट ऑर्डर केवल एक उत्तराधिकारी के खिलाफ है इस कारण सेट एसाइड किया गया की यह आर्डर सभी उत्तराधिकारी के खिलाफ किया जावे।