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ITAT Indore

Appeal against intimation under section 143(1)(a)/154 is maintainable

June 25, 2022 27600 Views 1 comment Print

Assessee contended That National Faceless Appeal Centre, Delhi erred in rejecting appeal filed by the assessee summarily by stating that appellant has not filed appeal against intimation order u/s 143(1) and tried to take back door entry by filing appeal against order u/s 154 for which the original cause of action has arisen at the stage of 143(1) itself without appreciating the fact that on first stage appellant has taken the remedy of filing application u/s 154 which is legal and as per the provision of Income Tax Act.

Offering lower amount than income surrendered during course of search

April 24, 2022 801 Views 0 comment Print

Daya Properties and Finance Vs ACIT (ITAT Indore) We observe that during the course of search cash sum of Rs.37,02,020/- was found and assessee failed to explain its source and accepted to offer it as additional income. No specific retraction was made before filing of return of income. In the return of income assessee partly […]

No section 68 additions if appellant not produced any books of accounts

March 26, 2022 6474 Views 0 comment Print

DCIT Vs Rakesh Kumar Agrawal (ITAT Indore) The appellant also agitated the making of the addition on the legal ground that since as per the AO’s own version, during the course of the assessment proceedings, the appellant had not produced any books of account and therefore, the question of finding any credit entry as regard […]

Date of Possession of Flat to be taken for Section 54F exemption

March 8, 2022 3669 Views 0 comment Print

Shri Yogesh Jhingan Vs DCIT (Central) (ITAT Indore) Since the addition in the instant appeal crops out of the issue referred above pertaining to A.Y. 2008-09, we will have to examine the correctness of the claim made by the assessee u/s 54F of the Act for A.Y. 2008-09. As far as sale of land is […]

Primary onus discharged on establishing identity and creditworthiness of share applicants & genuineness of transactions 

February 26, 2022 1527 Views 0 comment Print

DCIT Vs Sanverwala Jewellers Pvt Ltd (ITAT Indore) In this case Assessing Officer merely doubted the investment made by the share applicants for the reason that they did not submit any proof regarding agricultural activities done by them. It is therefore quite evident that the Assessing Officer himself accepted the identity of the share applicants […]

No section 271CA penalty if Assessee furnishes form 27BA with return copy

February 24, 2022 1629 Views 0 comment Print

Ajit Lalwani Vs ACIT (TDS) (ITAT Indore) In the instant of two appeals assessee has challenged the levy of penalty u/s 271CA of the Act for the violation of provisions of section 206C of the Act. We find that the assessee has furnished copy of form 27BA along with copy of Income Tax return of […]

ITAT confirms addition of Income offered for Taxation during Survey by Assessee which was not retracted

February 20, 2022 1110 Views 0 comment Print

Explore the ITAT Indore’s order on unexplained investment and undisclosed expenditure. Assess the impact of legal nuances on tax implications.

Capital Gain computation in case of diversion of Agricultural Land from gram panchayat to municipality

December 26, 2021 7008 Views 0 comment Print

Krishna Mohan Choursiya Vs ITO (ITAT Indore) We find that there is a clear distinction between a municipality and a gram panchayat as also enunciated in the judgment of Hon’ble Madras High Court in the case of CIT v. P.J. Thomas as reported in [1995] 211 ITR 897 (MAD.), therefore, we are of the view […]

Section 115BBE addition unsustainable for Search conducted prior to 01.04.2017

October 8, 2021 570 Views 0 comment Print

Held that search was carried out before the amendment, the addition ought to have been made in terms of the prevailing provision. Therefore, the addition made by the AO invoking Section 115BBE provision of which came into force only on 01.04.2017 is not sustainable.

ITAT reduces disallowance for commission paid by stamp vendor to 25%

October 3, 2021 4203 Views 0 comment Print

Mushtak Khan Vs ITO (ITAT Indore) We observe that the assessee is into this business as stamp vendor since last many years and Appeal is against disallowance of commission expenditure claimed by the assessee to have been paid to various customers/registry consultants purchasing the stamp papers. Now as far as the expenditure for commission of […]

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