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ITAT Indore

No TDS u/s 195 levied on Placement Services since it is Not Covered under Technical Service

October 16, 2020 8883 Views 0 comment Print

The issue under consideration is whether the Payment towards placement services is covered under technical service and TDS u/s 195 is applicable on the same?

No penalty for deduction of TDS at Lower Rate under wrong section

October 15, 2020 6294 Views 0 comment Print

Jitendra Sharma Vs JCIT (Intl Taxation) (ITAT Indore) ITAT Indore held that no penalty under Section 271C to be levied for deduction of tax under Section 194IA @1% instead of Section 195 @ 20.6% on purchase of property from Non Resident. FULL TEXT OF THE ITAT JUDGEMENT The above captioned appeals filed at the instances […]

ITAT Grant 12AA Registration to Trust w.e.f. 13.8.1973

October 1, 2020 1902 Views 1 comment Print

Jain Shwetamber Murtipujak Sukrat Fund Kaoda Committee Vs. CIT (ITAT Indore) On perusal of the record we find that the assessee trust was incorporated in the year 1945 and even in the Permanent Account Number (PAN) allotted by the Income Tax Department the date of incorporation of the trust is 16.4.1945. The assessee has claimed […]

Reopening without bringing out any fresh material on record is unjustified

September 24, 2020 1335 Views 0 comment Print

ACIT Vs Shiv Offset India Pvt. Ltd. (ITAT Indore) In the instant case the Ld. A.O had passed the original assessment taking into consideration of all the documents and facts of the case and again he had reopened the case without bringing out any fresh material on record and thus there was a mere change […]

Deeming Fiction of Sec 50C can’t be brought into Section 54/54F Exemption

September 21, 2020 3975 Views 0 comment Print

The issue under consideration is whether the Section 50C need to be complied at the time of computation of exemption u/s 54 or 54F?

No section 271B Penalty for Not Getting Books Audited if Reasonable Cause exist

September 21, 2020 10569 Views 0 comment Print

whether assessee can be held liable u/s 271B of the Act for not getting the books audited during the years when the advances were received from customers under percentage completion method?

No addition for Cash payments in excess of prescribed limit as Assesse given undertaking for not claiming that expenditure

July 30, 2020 2460 Views 0 comment Print

whether the disallowance u/s 40A(3) of the Act for the alleged payment in cash in excess of the limit prescribed u/s 40A(3) of the Act for making payment for purchase of land is justified in law?

Amendment in Section 200A dated 01.06.2015 are prospective

July 20, 2020 7365 Views 1 comment Print

Keshav Industries Pvt. Ltd. Vs ITO-TDS (ITAT Indore) Amendment dated 01.06.2015 in Section 200A of the Income Tax Act, 1961 is prospective in nature and cannot be applied retrospectively to previous TDS instances The ITAT Indore in Rajendra Prasad Tiwari (through Aakash Tiwari) Vs. Income Tax Department, had on 14/07/2020 brought a landmark finding on retrospective […]

For some bogus transactions Entire purchase can’t be disallowed

July 3, 2020 2418 Views 0 comment Print

Whether the CIT(A) is correct in restricting the addition u/s 69C for bogus purchases to 12.5% against the total purchase disallowance made by AO?

Section 115BBE(2) not applicable to Assessment Year 2012-13

June 24, 2020 5139 Views 0 comment Print

ACIT Vs A One Enclave (ITAT Indore) At any stage revenue has not disputed the fact that the alleged amount surrendered during the survey was unaccounted business income of the assessee and not from any other sources. Section 11 5BBE of the Act was inserted by Finance Act, 2012 w.e.f. 1.4.2013 which restricts the claim […]

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