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Brirendrasingh K. Bhadoria,, vs Department Of Income Tax

In the case of Bharat A. Mehta Vs. ITO reported in 116 Taxman 301 (Ahd.) (Mag.) the addition relating to on money was deleted by observing that in spite of search ,the revenue could not lay hand on any document to show that the assessee had paid 'on money'. Moreover the revenue could not give any material to justify the calculation of the amount added to assessee's income. In this case it was held that "where based on statement /admission of builders of bungalows under a particular scheme regarding receipt of 'on money' on sale of bungalows, addition under Section 69 was made in case of assessee who had purchased a bungalow under said scheme but, when examined in presence of assessee, builders denied receipt of any * on money' from assessee, addition was to be deleted."
Income Tax Appellate Tribunal - Ahmedabad Cites 14 - Cited by 0 - Full Document

Dineshkumar Chandmal Jain, Surat vs Department Of Income Tax on 29 June, 2009

7. Ground no.6 of the Revenue's appeal for A.Y. 06-07 is against deleting the addition of Rs.3,89,356/- made u/s. 40(ia) of the IT Act. The A.O. observed that the appellant had debited Rs.3,89,356/- as brokerage. Hence, it had shown liability in respect of TDS payable. As per A.O., the assessee was liable to deduct TDS u/s. 194H of the IT Act. The appellant had not furnished any proof of payment of TDS. Therefore, he disallowed Rs. 3,89,356/- u/s. 40(ia) of the IT Act. The ld. CIT(A) had allowed the appeal on the ground that when income of the assessee has been directed to compute @ 0.25% on total turnover of Rs. 1,08,76,86,861/-, which was worked out at Rs. 27,19,217/-. The ld. CIT(A) had allowed all the expenses claimed by the appellant by relying upon the decision in case of Bharat A Master vs. ITO in ITa No. 177/Ahd/2003 dated 29.02.2008 and Hon'ble Supreme Court decision in case of Poona Electric vs. CIT 57 ITR 521(SC). After considering the I T A No s . 2 52 5 , 25 26, 26 3 5 & 2 6 36 / Ah d /0 9 A. Y . 2 00 5- 06 & 0 6- 07 Page 12 orders of the A.O. and submission of the assessee, the ld. CIT(A) has directed to compute the income on the basis of 0.25% on total turnover and no benefit of any expenditure would be allowed. Thus, we also confirm the order of the CIT(A) on this issue. Accordingly, Revenue's appeal on this ground is dismissed.
Income Tax Appellate Tribunal - Ahmedabad Cites 15 - Cited by 0 - Full Document

Meeta Nagpal, New Delhi vs Ito, Ward- 32(4), New Delhi on 10 February, 2021

2. The learned counsel for the assessee, vide letter dated 05.02.2021 has requested for withdrawal of the appeal filed by the assessee and stated that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the Vivad Se Vishwas Scheme, 2020. A 2 ITA No.7220 /Del/2017 Smt. Meeta Nagpal Vs. ITO certificate to this effect under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020 has also been filed.
Income Tax Appellate Tribunal - Delhi Cites 2 - Cited by 0 - Full Document
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