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ITAT Indore

TDS on salary deductible on net salary

November 16, 2022 3246 Views 0 comment Print

ITAT Indore held that TDS on salary is deductible on the basis of net salary i.e. gross salary (-) deduction under Chapter VI-A. Therefore, demanding amount on short-deduction of TDS calculated on gross salary is unsustainable.

Addition based on investigation wing report in violation of principles of natural justice not valid

October 5, 2022 3759 Views 0 comment Print

Prakash Javia HUF Vs ITO (ITAT Indore) Records placed before us also shows that report of the investigation wing or any enquiry conducted from 3rd persons were not made available to the assessee which thus grossly violates the principles of natural justice. As the assessee never got opportunity to go through these reports this action […]

No section 68 addition for merely not producing cash creditors before AO

September 19, 2022 4014 Views 0 comment Print

ITAT held that merely for not producing the cash creditors before the Ld. AO even when all the necessary documents as required to prove the identity, creditworthiness and genuineness of the cash creditors are furnished by the assessee, cannot be a reasonable basis to make addition for unexplained cash credit u/s 68 of the Act.

Addition u/s 68 unsustainable as documents supporting genuineness of share capital submitted

August 19, 2022 969 Views 0 comment Print

Held that addition u/s 68 unsustainable as all the necessary documentary evidences in support of genuineness of share capital submitted by the assessee.

Addition merely on the basis of declaration u/s. 132(4) is untenable in law

August 17, 2022 2181 Views 0 comment Print

Held that addition made merely on the basis of statement by one of the partners and without finding any incriminating material is untenable in law.

LTCG from sale of shares of TEL is Bogus: ITAT Indore

August 17, 2022 2823 Views 0 comment Print

ITAT Indore Upheld the Action of Revenue in holding LTCG earned from sale of shares of Turbotech Engineering Ltd. (TEL) as Bogus, The Hon. Tribunal followed the decision of Hon. Calcutta High Court rendered in case of PCIT vs. Swati Bajaj ITA No. 06/2022 Dated 14.06.2022

ITAT Indore condones Delay of 3 years and 276 days

August 13, 2022 702 Views 0 comment Print

Bhopal Dugdh Sangh Sahakari Maryadit Vs DCIT (ITAT Indore) The registry has informed that the appeal has been filed after a delay of 3 years and 276 days. The Ld. AR submitted that the assessee is a co-operative society registered under the provisions of M.P. Co-operative Society Act, 1960, engaged in the production and distribution […]

No section 69A addition to Income of assessee who has only agricultural income

June 30, 2022 8145 Views 0 comment Print

Madhusudan Dhakad Harda Vs ITO (ITAT Indore) If a person has only agricultural income and no other income, then no addition can be made to the total income unless and until the AO proves that the assessee has any other source of income which is taxable under the Income-tax Act. Since the agricultural sector in […]

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

June 25, 2022 27885 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 882 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 […]

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