ITAT Indore

TDS deduction in case of Rent Paid to Co-Owners

M.P. Warehousing & Logistics Corporation Vs ACIT (TDS) (ITAT Indore)

M.P. Warehousing & Logistics Corporation Vs ACIT (ITAT Indore) From perusal of the above details which stands un-rebutted, we find that the assessee had duly deducted the tax at source on the rent paid to the co-owners where the amount of rent exceeded the limit of Rs.1,80,000/- and in two cases where the amount was […]...

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No revision if assessment order was not prejudicial to interests of Revenue

Shri Jitendra Patidar (L/H of Late Shri Satyanarayan Patidar) Vs Pr. CIT (ITAT Indore)

Provisions of section 263 could be invoked when twin conditions i.e. the assessment order was erroneous and prejudicial to the interest of Revenue were satisfied. Revision under section 263 could not be invoked if assessment order was not prejudicial to the Revenue....

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No TDS u/s 195 levied on Placement Services since it is Not Covered under Technical Service

D&H Secheron Electrodes Pvt. Ltd. Vs ITO (ITAT Indore)

The issue under consideration is whether the Payment towards placement services is covered under technical service and TDS u/s 195 is applicable on the same?...

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No penalty for deduction of TDS at Lower Rate under wrong section

Jitendra Sharma Vs JCIT (Intl Taxation) (ITAT Indore)

Jitendra Sharma Vs JCIT (Intl Taxation) (ITAT Indore) ITAT Indore held that no penalty under Section 271C to be levied for deduction of tax under Section 194IA @1% instead of Section 195 @ 20.6% on purchase of property from Non Resident. FULL TEXT OF THE ITAT JUDGEMENT The above captioned appeals filed at the instances […]...

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ITAT Grant 12AA Registration to Trust w.e.f. 13.8.1973

Shri Jain Shwetamber Murtipujak Sukrat Fund Kapda Committee Vs. CIT (Exemption) (ITAT Indore)

Jain Shwetamber Murtipujak Sukrat Fund Kaoda Committee Vs. CIT (ITAT Indore) On perusal of the record we find that the assessee trust was incorporated in the year 1945 and even in the Permanent Account Number (PAN) allotted by the Income Tax Department the date of incorporation of the trust is 16.4.1945. The assessee has claimed […...

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Reopening without bringing out any fresh material on record is unjustified

ACIT Vs Shiv Offset India Pvt. Ltd. (ITAT Indore)

ACIT Vs Shiv Offset India Pvt. Ltd. (ITAT Indore) In the instant case the Ld. A.O had passed the original assessment taking into consideration of all the documents and facts of the case and again he had reopened the case without bringing out any fresh material on record and thus there was a mere change […]...

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Deeming Fiction of Sec 50C can’t be brought into Section 54/54F Exemption

Dhanveer Singh Gambhir Vs ITO (ITAT Indore)

The issue under consideration is whether the Section 50C need to be complied at the time of computation of exemption u/s 54 or 54F? ...

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No section 271B Penalty for Not Getting Books Audited if Reasonable Cause exist

Shree Balaji Construction Vs DCIT (ITAT Indore)

whether assessee can be held liable u/s 271B of the Act for not getting the books audited during the years when the advances were received from customers under percentage completion method?...

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No addition for Cash payments in excess of prescribed limit as Assesse given undertaking for not claiming that expenditure

Kalyan Lok Nirman (P) Ltd. Vs DCIT (ITAT Indore)

whether the disallowance u/s 40A(3) of the Act for the alleged payment in cash in excess of the limit prescribed u/s 40A(3) of the Act for making payment for purchase of land is justified in law?...

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Amendment in Section 200A dated 01.06.2015 are prospective

Keshav Industries Pvt. Ltd. Vs. ITO-TDS (ITAT Indore)

Keshav Industries Pvt. Ltd. Vs ITO-TDS (ITAT Indore) Amendment dated 01.06.2015 in Section 200A of the Income Tax Act, 1961 is prospective in nature and cannot be applied retrospectively to previous TDS instances The ITAT Indore in Rajendra Prasad Tiwari (through Aakash Tiwari) Vs. Income Tax Department, had on 14/07/2020 brought a landm...

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