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    <title>2024 (3) TMI 208 - ITAT INDORE</title>
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    <description>The ITAT Indore upheld CIT(A)&#039;s order dismissing revenue&#039;s appeal across multiple grounds. For assessment validity u/s 153A, the Tribunal held that Raj Kumar Arora decision was inapplicable to pending assessment years and superseded by SC&#039;s Abhishar Buildwell ruling. Regarding s.11 exemption violation, the Tribunal found no breach of s.13 as rent charged was fair and higher than prevailing rates, with AO failing to address assessee&#039;s submissions. The addition u/s 69B for unexplained building investments was correctly deleted as AO&#039;s DVO reference u/s 142A was non-maintainable without rejecting books of account, following SC&#039;s Sargam Cinema precedent. Finally, unexplained cash addition u/s 69A was properly deleted as amounts were petty, reflected in cash-book, and not abnormal for educational institutions.</description>
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    <pubDate>Thu, 29 Feb 2024 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=450427</link>
      <description>The ITAT Indore upheld CIT(A)&#039;s order dismissing revenue&#039;s appeal across multiple grounds. For assessment validity u/s 153A, the Tribunal held that Raj Kumar Arora decision was inapplicable to pending assessment years and superseded by SC&#039;s Abhishar Buildwell ruling. Regarding s.11 exemption violation, the Tribunal found no breach of s.13 as rent charged was fair and higher than prevailing rates, with AO failing to address assessee&#039;s submissions. The addition u/s 69B for unexplained building investments was correctly deleted as AO&#039;s DVO reference u/s 142A was non-maintainable without rejecting books of account, following SC&#039;s Sargam Cinema precedent. Finally, unexplained cash addition u/s 69A was properly deleted as amounts were petty, reflected in cash-book, and not abnormal for educational institutions.</description>
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      <pubDate>Thu, 29 Feb 2024 00:00:00 +0530</pubDate>
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