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Unsecured Loans from NRIs and Family Members Held Genuine Despite Absence of Loan Agreement or Interest: Section 68 Addition Deleted – Sabbirbhai Abdeali Gangardiwala vs. ITO (ITAT Ahmedabad)
Facts
of the CaseThe
assessee, Sabbirbhai Abdeali Gangardiwala, was assessed for Assessment Year
2019-20. During the assessment proceedings, the Assessing Officer made an
addition of ₹39,00,000 under Section 68 of ...
Reopening of Assessment on Same Transaction Held Void – Change of Opinion Not Permissible”
The Delhi
High Court quashed the second reassessment notices issued under Section 148 for
AY 2009–10, holding them to be without jurisdiction and based on mere change of
opinion. The issue of interest-free loans rec...
Appeal Against Revision under Section 263 Dismissed as Withdrawn on Assessee’s Request: Nimbus Commercial Pvt. Ltd. vs. Pr. CIT (Central) (ITAT Ahmedabad)
Facts
of the CaseThe
assessee, Nimbus Commercial Private Limited, Kolkata, filed an appeal before
the Income Tax Appellate Tribunal against the order dated 25.03.2025 passed by
the Principal Commissioner of Income Ta...
Adjustment under Section 143(1) on Income from House Property Set Aside Where Issue Requires Factual Verification of Co-Ownership: Kapila Mahendra Patel vs. DCIT (ITAT Ahmedabad)
Facts
of the CaseThe
assessee, Kapila Mahendra Patel, an individual deriving income from house
property, capital gains and other sources, filed her return of income for
Assessment Year 2024-25 on 21.07.2024 declaring...
Orders Set Aside Where CIT(A) Interchanged Facts of Two Assessment Years Demonstrating Complete Non-Application of Mind: Precision Infratech Pvt. Ltd. vs. DCIT (ITAT Ahmedabad)
Facts
of the CaseThe
assessee, Precision Infratech Private Limited, filed two appeals before the
Income Tax Appellate Tribunal against separate orders dated 07.10.2025 passed
by the National Faceless Appeal Centre fo...
Interest under Section 234A Leviable on Delay in Filing Original Return Even After Search Assessment under Section 153C: Hasmukhbhai Mohanlal Shah vs. DCIT (ITAT Ahmedabad)
Facts
of the CaseThe
assessee, Hasmukhbhai Mohanlal Shah, filed his original return of income for
Assessment Year 2017-18 on 29.11.2017 declaring total income of ₹27,35,910.
Subsequently, a search and seizure actio...
Alleged On-Money Additions Deleted for Want of Corroborative Evidence; Loose Sheets and WhatsApp Chats Held as Dumb Documents; Deemed Rent under Section 23(5) Sustained: SKZ Developers LLP vs. DCIT (ITAT Ahmedabad)
Facts
of the CaseThe
assessee, SKZ Developers LLP, a real-estate developer, filed its returns of
income for Assessment Years 2021-22 and 2022-23. A search and seizure action
under Section 132 was conducted on 28.09.2...
Alternate Deduction under Section 35(1)(ii) to Be Examined Where Claim under Section 80GGA Disallowed in Intimation under Section 143(1): Rashmikant Bhaichandbhai Shah vs. ITO (ITAT Ahmedabad)
Facts
of the CaseThe
assessee, Rashmikant Bhaichandbhai Shah, filed his return of income for
Assessment Year 2021-22 and claimed deduction of ₹2,15,000 in respect of
donation made to The Gujarat Cancer Society unde...
Reopening under Section 147 Quashed Where Initiated Solely on Audit Objection without Independent Application of Mind; Alleged Undervaluation of Closing Stock Deleted: Rajkamal Agro Industries vs. ITO (ITAT Ahmedabad)
Facts
of the CaseThe
assessee, Rajkamal Agro Industries, filed its return of income for Assessment
Year 2015-16. The original assessment was completed under Section 143(3).
Subsequently, the Assessing Officer reopene...
Ex Parte Assessment and Consequential Penalty Set Aside with Cost Where Illiterate Assessee Misguided by Tax Practitioner; Matter Restored for De Novo Assessment: Premilaben Bhavuji Thakor vs. ITO (ITAT Ahmedabad)
Facts
of the CaseThe
assessee, Premilaben Bhavuji Thakor, an illiterate individual, did not
effectively pursue income-tax proceedings for Assessment Year 2016-17 due to
reliance on a Registered Income Tax Practitione...