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2 results for “disallowance”+ Section 195clear

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Key Topics

Section 2635Section 2(22)(e)4Section 682Section 195(1)2Disallowance2

COMNR.OF INCOME TAX vs. PARADEEP PHOSPHATES

ITA/113/2013HC Orissa15 Nov 2022

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN

Section 143(3)Section 195(1)Section 263Section 40

disallowance of expenditure of Rs.1344,63,25,000/- under Section 40(a)(ia) of the Act. According to the CIT, the aforementioned sum claimed as expenditure towards import value of machinery, spares and raw materials and charged to the P&L account would not be eligible for deduction since the Assessee had not deducted tax under Section 195

M/S.BHASKAR TRADERS vs. ASST.COMMKNR.OF INCOME TAX,BERHAMPUR

The appeals are dismissed

ITA/174/2018HC Orissa
30 Mar 2022

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE R.K.PATTANAIK

Section 132Section 153ASection 2(22)(e)Section 68

195, was discharged. However, the burden which then shifted to the ITAT of probing deeper was not discharged in the present case. The AO did not make a closer scrutiny of the bank accounts or the statements provided; nor did he probe into the income tax returns of the creditor companies. The AO should not have rested content only