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ITAT Indore

PCIT cannot assume Section 263 jurisdiction when AO has made sufficient enquiry

March 25, 2021 1551 Views 0 comment Print

Since there was a detailed enquiry by AO on issue of equity shares to non-residents and after thoroughly discussing the issue in the assessment order, AO had taken a permissible view within the parameters of the law, there remained no room for PCIT to assume the jurisdiction u/s 263.

No Section 40(a)(ia) disallowance if Expense was not claimed

February 13, 2021 1902 Views 0 comment Print

ACIT Vs Parag Fans & Cooling System Pvt. Ltd (ITAT Indore) Disallowance was made for the alleged non deduction of tax at source on the alleged amount of interest of Rs.25,95,609/-. We find that the assessee has not shown expenditure of Rs.25,95,609/- in its Profit &Loss account. Since no such expenditure has been claimed by […]

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

November 20, 2020 1266 Views 0 comment Print

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.

Addition based on admission of assessee’s son during search

October 22, 2020 774 Views 0 comment Print

Ajit Singh Melhotra Vs ACIT (ITAT Indore) We find that the addition was made on the basis of admission of assessee’s son during the course of search. It was contended before us, that all these documents were properly recorded in the regular books of accounts of the persons to which these documents actually pertained. However, […]

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

October 16, 2020 7638 Views 0 comment Print

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?

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

October 15, 2020 5799 Views 0 comment Print

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 […]

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

October 1, 2020 1650 Views 1 comment Print

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 […]

Reopening without bringing out any fresh material on record is unjustified

September 24, 2020 1206 Views 0 comment Print

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 […]

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

September 21, 2020 3219 Views 0 comment Print

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?

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

September 21, 2020 10317 Views 0 comment Print

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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