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ITAT Indore

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

August 17, 2022 1629 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 2121 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 471 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 5661 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 21387 Views 0 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 645 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 5808 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 3408 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 1338 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 1251 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 […]

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