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2023 (8) TMI 1081

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....dharth Sharma For the Respondent : Shri Vashistha Narayan Dubey & Shri Mallikajun Khare - Advocates ORDER This appeal filed u/s 260A of the Income Tax Act, 1961 (hereinafter referred to as "IT Act") assails the final order dated 18.04.2022 passed by Income Tax Appellate Tribunal, Indore (for short "Tribunal") in IT(SS)A No.21/IND/2020 whereby appeals of Revenue were dismissed thereby upholding ....

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....edings, as laid down in Rule 46A of the Income Tax Rules, 1962? 2. Whether, on the facts and circumstances of the case, ITAT has erred in upholding the decision of Ld. CIT(A) by deleting the addition of Rs. 8,98,830/- made by the AO on account of disallowance of expenses u/s 40A(3) of the Act? 3. Whether, on the facts and circumstances of the case, ITAT has erred in upholding the decision of L....

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....ding to the perversity of the order which itself gives rise to question of law in view of ratio of decision in the case of Sudarshan Silk and Sarees 300 ITR 205 (SC)?" 4. Bare perusal of the finding rendered by the Tribunal reveals that the Tribunal found that Assessing Officer while causing addition on account of disallowance u/s 40-A(3) of the IT Act as regards Assessment Year 2014-15, failed t....

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....in the Audited Books of Account vis-a-vis the parallel set of Books of Account and; therefore, it was rightly concluded by the Tribunal that under the law undisclosed investment or undisclosed expenditure can be subject matter of addition either u/s 69 or 69A or 69B or 69C of the IT Act but in the present case the issue is not in regard to undisclosed investment or expenditure but undisclosed liab....