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ITAT Indore

Additional depreciation was allowable on purchase of Raw Material and making packing material

November 29, 2022 1377 Views 0 comment Print

Additional depreciation on purchase of raw material and making packing material was manufacture as the final product was a commercially, physically and chemically different and a very important factor that the assessee had been consistently regarded as manufacture by various Government Department and Agencies.

Section 271B penalty not justified for delay due to late appointment of Auditor by CAG

November 23, 2022 1251 Views 0 comment Print

Madhya Pradesh Audyogik Kendra Vikas Nigam (Indore) Limited Vs DCIT (ITAT Indore) The assessee has challenged the penalty to the tune of Rs.1,50,000/-levied under Section 271B of the Act. The assessee, a Government company, wherein appointment of Auditor in the case of the appellant was governed by the provision of section 619(2) of the Companies […]

ITAT upheld taxation of Capital Gain in the year of Registration of sale deed

November 22, 2022 1641 Views 0 comment Print

Ambesh Shrivastav contests capital gain assessment. Sale deed registration and possession date critical in ITAT Indore case.

Penalty notice become defective if it does not disclose specific charge

November 21, 2022 1254 Views 0 comment Print

ACIT Vs Amit Tiwari (ITAT Indore) The submissions of the assessee are that penalty proceedings u/s 271AAB as initiated is bad in law on account of firstly penalty notice so issued is defective as it does not disclose specific charge and secondly there is no concealed income as search took place prior to due date […]

TDS on salary deductible on net salary

November 16, 2022 3078 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 3324 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 3630 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 819 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 1776 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 2256 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

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