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22 results for “TDS”+ Section 145(3)clear

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Key Topics

Section 143(3)40Section 6828Addition to Income19Section 153A16Section 26311Disallowance9Section 201(1)8Section 143(2)7Section 132(4)7Section 115B

JCIT(OSD),-2(1),INDORE, INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

ITA 441/IND/2018[2014-15]Status: DisposedITAT Indore25 Jan 2023AY 2014-15

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S. S. Deshpande, CAFor Respondent: Shri P.K. Mishra, CIT-DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

section 145(3) of the Act. He accordingly reversed the action of the AO in rejecting the books of accounts of the assessee by holding that the AO was not correct in rejecting the books of accounts. Thereafter, the ld.CIT(A) deleted additions made on account of estimation of gross profit in the transactions of sale of gold and silver

Showing 1–20 of 22 · Page 1 of 2

6
Cash Deposit2
Unexplained Cash Credit2

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

ITA 244/IND/2017[2012-13]Status: DisposedITAT Indore25 Jan 2023AY 2012-13

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S. S. Deshpande, CAFor Respondent: Shri P.K. Mishra, CIT-DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

section 145(3) of the Act. He accordingly reversed the action of the AO in rejecting the books of accounts of the assessee by holding that the AO was not correct in rejecting the books of accounts. Thereafter, the ld.CIT(A) deleted additions made on account of estimation of gross profit in the transactions of sale of gold and silver

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

ITA 309/IND/2017[2013-14]Status: DisposedITAT Indore25 Jan 2023AY 2013-14

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S. S. Deshpande, CAFor Respondent: Shri P.K. Mishra, CIT-DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

section 145(3) of the Act. He accordingly reversed the action of the AO in rejecting the books of accounts of the assessee by holding that the AO was not correct in rejecting the books of accounts. Thereafter, the ld.CIT(A) deleted additions made on account of estimation of gross profit in the transactions of sale of gold and silver

M/S. S.R. FERRO ALLOYS,JHABUA vs. THE PCIT, BHOPAL

In the result, the appeal of assessee is allowed

ITA 148/IND/2021[2015-16]Status: DisposedITAT Indore09 Nov 2023AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanis.R. Ferro Alloys Pr. Cit, Central 9, Siddheswar Colony Bhopal Vs. Jhabua (Appellant / Assessee) (Revenue) Pan: Abhfs7377Q Appellant By Shri Sumit Nema, Sr. Adv. & Gagan Tiwari, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.10.2023 Date Of Pronouncement 09.11.2023

Section 263

145 of the Act adopting project completion method to account for the revenue and the revenue authorities have failed to bring forth any inconsistency in the books of accounts. The Assessing Officer in the instant case has merely applied the method of percentage completion adopted by the Developer JSM DPL and calculated the income of the assessee completely ignoring

THE ACIT 3(2), INDORE vs. M/S. SIMRAN DEVELOPERS, INDORE

ITA 796/IND/2018[2014-15]Status: DisposedITAT Indore18 Apr 2023AY 2014-15

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2014-15 Ito-3(2), M/S. Simran Developers Indore 402, Mark Building, बनाम/ Saket Square, Vs. Indore (Appellant / Revenue) (Respondent / Assessee) Pan: Ackfs 1946 B Revenue By Shri Ashish Porwal, Sr. Dr Assessee By None Date Of Hearing 16.03.2023 Date Of Pronouncement 18.04.2023

Section 143(3)Section 40A(3)

section 145 should be applied and profit should be determined at reasonable figure. All the payments made to the aforesaid three contractors were by account payee cheques. The department has not pointed out any instances where it can be proved that the cash come back to the appellant. The appellant has shown the net profit on total contract @ 21% which

THE DCIT, (EXEMPTION) CIRCLE, BHOPAL vs. M/S. MAYANK WELFARE SOCIETY, BHOPAL

In the result, Revenue’s appeal for the AY 2013-14

ITA 232/IND/2017[2013-14]Status: DisposedITAT Indore29 Oct 2021AY 2013-14

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

Section 115BSection 143(3)

145(2) – Mineral Concessions Rules, 1960, r.27(i),(j) – Coal mines regulations, 1957, reglns. 4,5.” That the learned Assessing Officer further erred in stating that because the letters were typed and later the names etc. were mentioned, without understanding that the donation were being received towards construction of new buildings and therefore there were computerized too. We rely

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION) CIRCLE BHOPAL, BHOPAL vs. MAYANK WELFARE SOCIETY, INDORE

In the result, Revenue’s appeal for the AY 2013-14

ITA 776/IND/2018[2015-16]Status: DisposedITAT Indore29 Oct 2021AY 2015-16

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

Section 115BSection 143(3)

145(2) – Mineral Concessions Rules, 1960, r.27(i),(j) – Coal mines regulations, 1957, reglns. 4,5.” That the learned Assessing Officer further erred in stating that because the letters were typed and later the names etc. were mentioned, without understanding that the donation were being received towards construction of new buildings and therefore there were computerized too. We rely

THE ACIT, 4(1), INDORE vs. SHRI SANJAY LUNAWAT, INDORE

ITA 396/IND/2018[2010-11]Status: DisposedITAT Indore13 Sept 2021AY 2010-11

Bench: Shri Rajpal Yadav, Vice- & Shri Manish Boradvirtual Hearing Assessment Year 2010-11

Section 143(3)Section 201(1)Section 40Section 68

145 7 Jain Infratech [Prop. Deepak Jain] [PAN: ABBPJ7325B] – Addition of Rs. 29,70,000/- 7.1 Copy of ledger account of the assessee in the books of the unsecured loan 146 creditor 7.2 Copy of ledger account of the unsecured loan creditor in the books of the 147 assessee 7.3 Copy of acknowledgment of income-tax return along with computation

DCIT , CENTRAL -2 , INDORE vs. M/S GREAT GALLEON VENTURES LTD , INDORE

In the result, the appeals of the Revenue bearing ITANo

ITA 68/IND/2021[2016-17]Status: DisposedITAT Indore23 Dec 2021AY 2016-17

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad

Section 145(3)Section 153ASection 68Section 69ASection 69C

145(3) of the Act. 1(c). That, without prejudice to the above, the learned CIT(A) grossly erred, both on facts and in law, in confirming an addition to the extent of Rs.38,47,800/- out of the total addition of Rs.2,56,52,000/- made by the AO in the appellant’s income on the allegation

DCIT , CENTRAL -2 , INDORE vs. M/S GREAT GALLEON VENTURES LTD , INDORE

In the result, the appeals of the Revenue bearing ITANo

ITA 67/IND/2021[2015-16]Status: DisposedITAT Indore23 Dec 2021AY 2015-16

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad

Section 145(3)Section 153ASection 68Section 69ASection 69C

145(3) of the Act. 1(c). That, without prejudice to the above, the learned CIT(A) grossly erred, both on facts and in law, in confirming an addition to the extent of Rs.38,47,800/- out of the total addition of Rs.2,56,52,000/- made by the AO in the appellant’s income on the allegation

ACIT-1(1), INDORE vs. KRITI NUTRIENTS LIMITED, INDORE

The appeal of the Revenue is allowed for statistical\npurposes

ITA 780/IND/2024[2021-22]Status: DisposedITAT Indore09 Jan 2026AY 2021-22
Section 246ASection 250Section 253

145 and best judgment assessment\nunder section 144 need. As the assessee, a manufacturer, has failed to produce relevant records of\nits day-to-day maintenance.\nPOINT NO.07- Gross Profit Margin for Current Year and past three years\nTurnover\nGross Profit\nG.P.Margin\nAY 2021-22\n6,85,74,950.00\n32,59,80,098.00\n4.75

M/S. ALANKAR JEWELLWER,VIDISHA vs. THE ACIT- II, VIDISHA

In the result, appeal filed by the assessees in

ITA 838/IND/2019[2016-17]Status: DisposedITAT Indore01 Sept 2021AY 2016-17

Bench: Rajpal Yadav Hon'Ble & Shri Manish Boradvirtual Hearing Assessment Year:2016-17 M/S. Alankar Jewellers Acit-Ii Nikasha Road, Vidisha Bhopal बनाम/ Vidisha Vs. (Appellant) (Respondent ) P.A. No.Aavfa1527D It(Ss)A No.205/Ind/2019 Assessment Year:2016-17 Acit-Ii M/S. Alankar Jewellers Bhopal Nikasha Road, Vidisha बनाम/ Vidisha Vs. (Appellant) (Respondent ) P.A. No.Aavfa1527D Appellant By Shri S.S. Deshpande, Ar Respondent By Shri S.S. Mantri, Cit-Dr Date Of Hearing: 08.06.2021 Date Of Pronouncement: 01.09.2021 आदेश / O R D E R Per Manish Borad:

Section 132Section 132(4)Section 143(3)Section 153ASection 44ASection 69B

145(3). The balance as per the computerized books of account as on the date of search was Rs. 73,31,037/- and the source of such cash balance was duly recorded in the books and was readily verifiable. The AO could not have disbelieved the cash balance appearing in the books of accounts without rejecting the books of account

KAILASHCHANDRA KHANDELWAL,SENDHWA vs. PR. CIT -2, INDORE

ITA 562/IND/2019[2014-15]Status: DisposedITAT Indore30 Apr 2021AY 2014-15

Bench: Hon'Ble Manish Borad & Hon'Ble’ Madhumita Royassessment Year:2014-15 Shri Kailash Khandelwal Pr. Cit-2, Prop. M/S. Vikash Krishi Indore बनाम/ Seva Kendra, Bus Stand, Vs. Sendhwa, Barwani (Appellant) (Respondent ) P.A. No. Acmpk2991E Appellant By Shri Girish Agrawal & Shri Vijay Bansal, Nisha Lahoti, Ars Revenue By Shri S.B. Prasad, Cit-Dr

Section 143(3)Section 14ASection 263Section 44A

section wise details deducted in the specified with nature of format. b. payment of TDS Copy of TDS returns. Shri Kailash Khandelwal c. done in the specific Challans for the payment format. [PB 142] of TDS. d. No default in either deducting the TDS or depositing the tax with Government. [PB 146] 2 15 Confirmations of all Confirmations along with

SHRI SURINDER SINGH BHATIA,INDORE vs. THE JCIT- 3, INDORE

Appeals are allowed/statistically allowed in terms indicated above

ITA 129/IND/2015[2010-11]Status: DisposedITAT Indore31 Mar 2023AY 2010-11

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2010-11 &

Section 143(3)Section 36(1)(iii)

145 of the act; that means the books of account are acceptable to Ld. AO. Lastly, we observe that the AO has made an adhoc Page 4 of 13 Shri Surinder Singh Bhatia ITA No.129/Ind/2015 & 774/Ind/2016 Assessment year 2010-11 disallowance of 10% which is against the view taken in numerous decisions of Hon’ble Courts / Benches of ITAT where

SHRI SURINDER SINGH BHATIA,INDORE vs. THE JCIT RANGE-3, INDORE

Appeals are allowed/statistically allowed in terms indicated above

ITA 774/IND/2016[2011-12]Status: DisposedITAT Indore31 Mar 2023AY 2011-12

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2010-11 &

Section 143(3)Section 36(1)(iii)

145 of the act; that means the books of account are acceptable to Ld. AO. Lastly, we observe that the AO has made an adhoc Page 4 of 13 Shri Surinder Singh Bhatia ITA No.129/Ind/2015 & 774/Ind/2016 Assessment year 2010-11 disallowance of 10% which is against the view taken in numerous decisions of Hon’ble Courts / Benches of ITAT where

ASST. COMMISSIONER OF INCOME TAX (CENTRAL)-I, BHOPAL , BHOPAL vs. SOM DISTILLERIES PRIVATE LIMITED, BHOPAL

Appeal is partly allowed for statistical

ITA 289/IND/2023[2014-15]Status: DisposedITAT Indore02 Aug 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 139(1)Section 143(2)Section 143(3)Section 234A

Section 145 are applicable. The books of accounts are also not been rejected, hence the adhoc disallowance are wholly unlawful and unjustified. The assessee submits that the disallowance is neither justified nor lawful. From the perusal of the chart, the increase in mainly on account Page 32 of 54 Som Distilleries Private Limited I.T.A. Nos. 272 & 289/Ind/2023

SOM DISTILLERIES PVT. LTD.,BHOPAL vs. ITO-1(3), BHOPAL

Appeal is partly allowed for statistical

ITA 272/IND/2023[2014-15]Status: DisposedITAT Indore02 Aug 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 139(1)Section 143(2)Section 143(3)Section 234A

Section 145 are applicable. The books of accounts are also not been rejected, hence the adhoc disallowance are wholly unlawful and unjustified. The assessee submits that the disallowance is neither justified nor lawful. From the perusal of the chart, the increase in mainly on account Page 32 of 54 Som Distilleries Private Limited I.T.A. Nos. 272 & 289/Ind/2023

NEETA CHOUDHARY,PANSEMAL vs. SENDHWA, SENDHWA

Appeal is allowed

ITA 219/IND/2025[2017-18]Status: DisposedITAT Indore22 Jan 2026AY 2017-18
Section 143(2)Section 143(3)Section 68

section 68\nof the Income-tax Act, 1961. The initiation of penalty proceedings under\nsection 271AAC is also in accordance with the law.\n5.3 The appellant's contentions are found to be incorrect and not supported\nby adequate evidence. Despite being given opportunities during the\nassessment and appellate proceedings, the appellant has failed to produce\nany substantial evidence to support

EXECUTIVE ENGINEER CONSTRUCTION DIVISION NO.2 ,BHOPAL vs. DCIT (TDS) , BHOPAL

Appeal is allowed for statistical purpose

ITA 348/IND/2023[2014-15]Status: DisposedITAT Indore29 Mar 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2014-15 Executive Engineer, Dy. Cit (Tds), Construction, Bhopal Division No.2, बनाम/ E-5, Arera Colony, Vs. Bhopal (Appellant/Assessee) (Respondent/Revenue) Pan: Bplo 00510 G Assessee By Shri Manoj Fadnis, Ca & Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 29.02.2024 Date Of Pronouncement 29.02.2024

Section 12ASection 139Section 194JSection 201Section 201(1)

3. The background facts leading to present appeal are such that a TDS survey was conducted by income-tax authorities in the premise of assessee on 18.12.2015 pursuant to which notices were issued to assessee and ultimately an order u/s 201(1)/201(1A) dated 15.02.2021 was passed in which the assessee is deemed to be in default

HONOURABLE PACKAGING P LTD ,DHAR vs. THE DCIT 1(1), INDORE

In the result, the appeal of the assessee is dismissed

ITA 348/IND/2022[2017-18]Status: DisposedITAT Indore28 Apr 2023AY 2017-18

Bench: The Due Date Of Filing Of The Income Tax Return & Can It Be Disallowed In The 143(1).

Section 143(1)Section 143(1)(a)Section 154Section 2Section 36(1)(va)

tds (Tax 1422 1422 Double taxation Deducted at source) and tcs (Tax Collected at Source) 3 I.TA No. 348/IND/2022 A.Y. 2017-18 Page No Honourable packaging P. Ltd. vs. DCIT Interest on 120 Nil Payment related delay payment of to indirect tax. taxes Delay 892 Nil Normal payment charges Business Expenditures 2.3. The CPC not considered the above facts