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ITAT Indore

Fee paid for renewal of cash-credit is revenue expenditure

March 3, 2023 2616 Views 0 comment Print

ITAT Indore held that the expenditure incurred for obtaining loan is a revenue expenditure. Accordingly, the fee paid for renewal of cash-credit is a revenue expenditure.

Revisionary action u/s 263 on mere change of opinion is unsustainable

February 26, 2023 2460 Views 0 comment Print

ITAT Indore held that when one possible view has been taken by AO the same cannot be treated as erroneous and prejudicial to the interest of the revenue. Accordingly, revisionary order under section 263 of the Income Tax Act based on mere change of opinion is unsustainable in law.

Penalty u/s. 271D/ 271E of the Income Tax Act not leviable in case of ‘loan given’

February 18, 2023 2424 Views 0 comment Print

ITAT Indore held that penalty under section 271D and section 271E are not attracted in case of loan given. Accordingly, penalty proceeding imposing penalty u/s 271D/ 271E of the Income Tax Act in case of loan given is invalid.

LTCG on sale of equity shares of Lifeline Drugs and Pharma Ltd. is not genuine: ITAT Indore

February 10, 2023 2160 Views 0 comment Print

Rupesh Vyas Vs ACIT (ITAT Indore) Feeling aggrieved by appeal-order dated 20.09.2018 passed by learned Commissioner of Income-Tax (Appeals)-1, Indore [“Ld. CIT(A)”], which in turn arises out of assessment-order dated 15.12.2016 passed by the learned ACIT-3(1), Indore [“Ld. AO”] u/s 143(3) of the Income-tax Act, 1961 [the Act] for Assessment-Year 2014-15, the assessee has filed […]

Higher Tax Rate u/s. 115BBE is applicable since 01.04.2016: ITAT Indore

February 8, 2023 14643 Views 0 comment Print

Higher rate of tax was prescribed in section 115BBE through an amendment made vide Taxation Laws (Second Amendment) Act, 2016 and the said amendment received assent of the President of India on 15.12.2016 and therefore the amendment shall apply prospectively w.e.f. 15.12.2016 and not retrospectively.

Co-op societies engaged in banking business eligible for section 80P deduction on interest income on bank deposits

January 13, 2023 2226 Views 0 comment Print

M.P. Police Sakh Sahkari Sanstha Maryadit Vs PCIT (ITAT Indore) Co-operative societies engaged in banking business are eligible for deduction u/s. 80P on their interest income from bank deposits- ITAT Indore Facts of the Case 1. The assessee is a co-operative society engaged in the business of banking which filed ITR claiming deduction u/s 80P. […]

Return Filing is a serious Business & Reporting error cannot be pleaded lightly: ITAT Indore

December 24, 2022 3021 Views 0 comment Print

ITAT held that ITR is a sacred document prescribed in law and reporting-error cannot be pleaded so lightly. The prescribed forms of ITR have suitable columns to furnish the details of cash-balance, this law procedure has been in statute for several years and nobody can dispute it.

Service of Section 143(2) notice within statutory time limit is mandatory

December 2, 2022 4053 Views 0 comment Print

Service of notice under Section 143(2) of the Act within the statutory time limit is mandatory one and not a procedural requirement.

Additional depreciation was allowable on purchase of Raw Material and making packing material

November 29, 2022 1737 Views 0 comment Print

Additional depreciation on purchase of raw material and making packing material was manufacture as the final product was a commercially, physically and chemically different and a very important factor that the assessee had been consistently regarded as manufacture by various Government Department and Agencies.

Section 271B penalty not justified for delay due to late appointment of Auditor by CAG

November 23, 2022 1398 Views 0 comment Print

Madhya Pradesh Audyogik Kendra Vikas Nigam (Indore) Limited Vs DCIT (ITAT Indore) The assessee has challenged the penalty to the tune of Rs.1,50,000/-levied under Section 271B of the Act. The assessee, a Government company, wherein appointment of Auditor in the case of the appellant was governed by the provision of section 619(2) of the Companies […]

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