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ITAT Indore

Addition merely based on statement u/s 132(4) without collaborative evidence is unsustainable

June 9, 2023 3402 Views 0 comment Print

ITAT Indore held that addition on the standalone basis of statement of assessee u/s 132(4) of the Income Tax Act cannot be held as sustainable in absence of collaborative evidence found in support of such addition.

In absence of source of cash loans, provisions of section 269SS/ 269T not applicable

June 8, 2023 2379 Views 0 comment Print

ITAT Indore held that as AO unable to found source of any cash loans during the search proceedings, provisions of section 269SS/ 269T of the Income Tax Act cannot be applied.

Deeming fiction of section 50C doesn’t apply in case of purchaser

June 7, 2023 1599 Views 0 comment Print

ITAT Indore held that the deeming fiction created in section 50C cannot be extended to the provision of section 69 or 69B or any other of the Act in the case of purchaser to make the purchaser liable for tax.

LTCG from sale of shares of 21st Century Finance Ltd. is genuine: ITAT Indore

June 1, 2023 1950 Views 0 comment Print

JCIT vs Amandeep Singh Bhatia: ITAT Indore dismisses revenue’s appeal, affirming CIT(A)’s deletion of Rs. 2,48,02,084/- addition as income from other sources. Detailed analysis provided.

Penalty u/s 271C not imposable as reasonable cause shown for non-deduction of TDS

May 23, 2023 1719 Views 0 comment Print

ITAT Indore held that non-deduction of TDS due to genuine and bona fide belief is reasonable cause under section 273B and accordingly penalty u/s 271C not imposable.

Penalty u/s 271C not leviable if reasonable cause shown for non-deduction of TDS

May 22, 2023 2514 Views 0 comment Print

ITAT Jaipur held that being a debatable issue there was a reasonable cause for non-deduction of TDS on specified transactions and accordingly penalty under section 271C of the Income Tax Act not justified.

Provision for Standard Assets allowable under Section 36(1)(viia) of Income Tax Act

April 28, 2023 20604 Views 0 comment Print

ACIT Vs Jila Sahakari Kendriya Bank (ITAT Indore) Provision for Standard Assets Allowable under Section 36(1)(viia) of Income Tax Act, 1961

Where unexplained income cannot be entangled in clutches of Section 69 family

March 27, 2023 6327 Views 0 comment Print

DCIT Vs Shri Krishna Kumar Verma (ITAT Indore) Sections 68,69,69A,69B,69C and 69D may be called as Section 68 & 69 Family. However, they differ in as far as Burden of Proof is concerned. In sec 68, the onus is wholly upon the Assessee to explain the source of the entry. But in cases falling under […]

Onus is on assessee to establish factum of conduit company

March 25, 2023 1608 Views 0 comment Print

Dhanwan Leasing and Finance Vs ITO (ITAT Indore) Section 68 of the Act provides that where any sum is found to be credited in the books of an assessee maintained for any previous year, and the assessee offers no explanation about the nature and source thereof or the explanation offered by him is not, in […]

Allowability of depreciation on Buildings/Godowns Used by Co-op Society who claims section 80P deduction

March 12, 2023 4989 Views 0 comment Print

M.P. State Cooperative Marketing Federation Ltd. Vs ACIT (ITAT Indore) ITAT held that it was unable to verify certain facts relevant to the issue being agitated, viz. (i) whether and to what extent the buildings/godowns are being used for the activities eligible for 80P deduction or other activities as being claimed before us; and (ii) […]

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