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ITAT Indore

Expense can’t be disallowed for Wrong Statement given by truck owner

October 12, 2018 1227 Views 0 comment Print

Shri Anil Khandelwal Vs ITO (ITAT Indor) Once the condition of further proviso of Section 194C(3) of the Act are satisfied, the liability of the payee to deduct tax at source would cease. Examining the facts of the instant appeal we find that the assessee received Form 15I from the truck owner namely Shri Kishorilal Birla […]

Profits from sale of land with well thought business project is Business Income

August 28, 2018 8616 Views 0 comment Print

Smt. Anita Singh Vs ACIT (ITAT Indore) in the year 2006 itself the assessee along with other persons initiated the process of developing a colony which is proved by the Registration No.40/2006 issued on 21.8.2006. Few months before and the period thereafter all these 18 persons kept on purchasing the land from various land owners and parallely […]

Penalty paid to Stock Exchange allowable as regular business expenditure

May 31, 2018 8280 Views 0 comment Print

Assessee made no offence prohibited by law which can be contemplated to be covered under Explanation to section 37 of the Act and, therefore, the payment of penalty made by the assessee to the Stock Exchange is a regular business expenditure and the impugned disallowance has rightly been deleted by the learned Commissioner of Income Tax (Appeals).

No Addition merely on the Basis of Statements recorded U/s. 133A

May 15, 2018 5130 Views 0 comment Print

That, the learned CIT(A) grossly erred, both on facts and in law, in confirming the addition of 77,845/- made by the AO in the appellant’s income on allegation of unexplained cash, solely on the basis of statement of the appellant recorded during the course of survey u/s. 133A of the Act, without considering and appreciating the explanation with evidences offered by the appellant.

Purchase cannot become non-genuine for mere payment after 9 months

April 10, 2018 2169 Views 0 comment Print

For the only reason that the payment of purchase has been made after a lapse of 9 months cannot render the purchase as non genuine unless and otherwise any material is brought on record which could negate this

ITAT deletes Addition on account of notional interest on interest free advance

February 28, 2018 4512 Views 0 comment Print

Shri John Jacob Vs JCIT (ITAT Indore) Assessee had produced books of account and audited statements, which proved that the assessee had sufficient surplus in his capital account to give interest free loan. Further that, the AO as well as CIT(A) had not brought anything on record to show that money so advanced was out […]

CBDT instructions on seizure of jewellery and ornaments are discretionary

January 19, 2018 8043 Views 0 comment Print

Shri Keshav Lila Vs. ACIT (ITAT Indore) CBDT instructions which in our view provides a guideline to the search conducting team that no seizure should be made of the jewellery and ornaments found during the course of search proceedings u/s 132 of the Act, if the same have been duly declared in the wealth tax […]

No penalty for disclosure of agricultural income from Ancestral Property in HUF

January 12, 2018 3315 Views 1 comment Print

Indore bench of Income Tax Appellate Tribunal (ITAT) deleted the penalty imposed by the Assessing Officer (AO) by considering the fact that the assessee conceded the transaction of Sale of Agricultural Land in the hands of his Hindu Undivided Family (HUF).

When no interest is received same cannot be taxed on hypothetical basis

February 28, 2017 5040 Views 0 comment Print

ITAT held that that if interest income does not result at all, there cannot be any tax and that if an income has not materialized, then merely an entry made about a hypothetical income by following book keeping methods, the liability to tax cannot be attracted.

Assessment cannot be reopened on expiry of period of limitation prescribed u/s 149(2)

February 28, 2017 12852 Views 0 comment Print

Plain language of sub-section (2) of Section 150 clearly restricts the application of sub-section (1) of Section 150 to enable the authorities to reopen the assessments which have not already become final on the expiry of the period of limitation prescribed u/s 149(2) of the Act.

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