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ITAT Indore

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

October 1, 2020 1953 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 1419 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 4143 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 10653 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 2532 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 7497 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 2583 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 5214 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 […]

Section 68 addition merely for deposit of business receipt of Spouse in joint bank account unsustainable

June 17, 2020 3264 Views 0 comment Print

The issue under consideration is whether the addition made by AO under section 68 in respect of the deposit of business of wife in their joint bank account is justified in law?

No addition for duly reconciled stock discrepancy which was noticed during survey

June 10, 2020 2658 Views 0 comment Print

Shri Babulal Vani Vs ACIT (ITAT Indore) The issue under consideration is if the assessee is in a position to reconcile the discrepancy raised under survey with positive material,then, the A.O. should give relief to the assessee or not? In the present case, the assessee is an individual engaged in the business of grain, cotton, […]

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