Review of the ITAT Indore verdict in the case of Shri Manish Kumar vs ACIT, where the tribunal directed re-adjudication of a disputed credit card expenditure and ordered the deletion of disallowance initially made by AO.
The ITAT Indore supports the principle of natural justice by asking for re-adjudication of the case of R.M. Chemicals Private Limited vs DCIT due to insufficient opportunity provided to the assessee in the initial assessment.
ITAT Indore held that in the absence of any major discrepancies or defects in the books of accounts, the rejection of the books of account only for want of tax audit report is not justified.
In the case of Rakhi Gautam Vs ITO (ITAT Indore), the ITAT has ordered re-adjudication due to a lack of proper hearing. Notices were sent to the registered email ID instead of physical form.
ITAT Indore held that registration under section 80G duly granted as giving donations to other trusts and societies to enable those trust and societies undertake their charitable activities is also one of the way of carrying out charitable activity.
ITAT Indore judgement in Mohan Yadav Vs ITO case, focusing on necessity of issuing notice under section 143(2) of Income Tax Act within a prescribed time limit.
ITAT Indore held that reassessment proceedings initiated u/s 148 stood abated by virtue of search and seizure action u/s 132(1). Hence, reassessment order passed thereon u/s 147 is illegal.
ITAT Indore held that addition u/s 69 of the Income Tax Act towards gifts received from family members unsustainable as receiving gift from family members, namely father and mother for personal use, do not require any special occasion.
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.
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.
