ITAT Indore

Allowability of registration u/s 12AB as nominal amount charged for functioning Educational Institution was not Commercial Activity

Aarambh Foundation Vs CIT (ITAT Indore)

Mere charging a nominal amount for smooth functioning of educational institution and trust could not called to be a part of commercial activity, and therefore, CIT(E) was directed to grant registration u/s 12AB to assessee....

Addition u/s. 68 purely based on assumption is unsustainable in law

Himanshu Botadara Vs ITO (ITAT Indore)

ITAT Indore held that addition u/s. 68 on account of bogus long term capital gains unsustainable as the alleged transaction is not found recorded in the books of accounts including the Dmat account of the assessee. Hence, addition on the basis of assumption unsustainable....

TCS Credit Given to Person in Whose hand corresponding income is assessed to tax

Million Traders Bhopal Pvt. Ltd Vs ADIT (ITAT Indore)

ITAT Indore held that the credit of the tax collected at source should be given to the person in whose hands the income is rightfully and finally assessed to tax in accordance with law, irrespective of the person in whose hands the TDS/TCS certificate has been issued at first place....

Flat Holding Period for Section 54F Deduction reckoned from allotment letter date

ACIT Vs Sanjay Kumath (ITAT Indore)

In ACIT Vs Sanjay Kumath case, ITAT Indore ruled on Section 54F deduction eligibility based on period of holding of a flat from date of allotment letter. Learn about detailed analysis and conclusion of this case....

Subsequent generation of DIN would not change illegality of order: ITAT Indore

Shri Ishak Vs ITO (ITAT Indore)

Learn about ITAT Indore case involving absence of a DIN in an order passed u/s 154. Discover arguments, observations, and outcome in this detailed analysis....

Deduction of cost of land with expenses allowable from sale consideration

Distinct Realty Private Limited Vs DCIT (ITAT Indore)

ITAT Indore held that deduction of cost of land with expenses for exploitation on land duly allowable from the sale consideration before charging tax on the same....

Issuance of notice to demerged company is invalid

ACIT Vs Keti Construction (India) Limited (ITAT Indore)

ITAT Indore held that issuance of notice under section 148 of the Income Tax Act to the demerged company i.e. non-existent company is invalid and liable to be quashed....

Levy of penalty u/s 271D without any assessment proceedings is invalid

Umakant Sharma Vs JCIT (ITAT Indore)

ITAT Indore held that the penalty levied u/s 271D of the Income Tax Act without any assessment proceedings in the case of the assessee is not valid and liable to be quashed....

Remand Warranted: Assessee Deserves Opportunity – ITAT Indore

Noorul Hasan Baig Vs DCIT/ACIT (ITAT Indore)

Noorul Hasan Baig Vs DCIT/ACIT case at ITAT Indore, exploring necessity of remand for an assessee's second chance to present relevant documents....

CIT Appeal cannot be dismissed for mismatch in grounds of appeal & form 35

Vijesh Samule Vs ITO (ITAT Indore)

ITAT Indore grants a new opportunity to rectify Form 35 mistakes, emphasizing a fair appeal process in Vijesh Samule Vs ITO. Read the full order here....

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February 2024