Rajasthan High Court

Section 158BC Notice giving insufficient time to file return in invalid

Kumawat Udyog Bus Stand Vs CIT (Rajasthan High Court)

The words mentioned in the SECTION 158bc notice are `within fifteen days’ whereas the provision mandates the time of not less than fifteen days. As notice which was issued by the authority asking the assessee to file the return within fifteen days is not in accordance with the provisions of the Income-tax Act and therefore it is invalid...

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Section 194C- Casual labourer are not sub-contractor : HC

Principal Commissioner Of Income Tax Vs Shri Tulsi Ram Modi (Rajasthan High Court at Jaipur)

In the case of Pr. CIT Vs. Shri Tulsi Ram Modi, HC of Rajasthan at Jaipur has held that labourer hired by the assessee employed as casual labourers could not be considered to be sub- contractor and therefore provisions of Section 194C and Section 40(a)(ia) of the Act were not applicable....

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No addition for mere sharp decline in G.P ratio in absence of collaborating evidence

Principal Commissioner of Income Tax Vs M/s Hues India Pvt. Ltd. (Rajasthan High Court, Jaipur Bench)

In the case of of Pr. CIT vs. M/s Hues India Pvt. Ltd., High court of Rajasthan bench at Jaipur held that that quantum and penalty proceedings under the Act stand on a different footing and relying on decision in case of CIT v. Gotan Lime Khanij Udyog reported in 2002 (256) ITR 243 and Malani Ramjivan ...

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Fees levied under section 234E is constitutional – Rajasthan HC

M/s Dundlod Shikshan Sansthan Vs UOI (Rajasthan High Court)

In this case the constitutional validity of section 234E of the Act was challenged. Hon’ble HC has followed the decision of Hon’ble Bombay HC in the matter of Rashmikant Kundalia and ors. V/s Union of India & ors. (2015) 229 Taxman 596 (Bom) where the Hon’ble court has upheld the validity of Section 234E of the Income Tax Act...

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Income Tax Dept. filing TDS return after due date

Centralizud Processing Cell (TDS) Vs Shri Surender Mehto (Rajasthan High Court)

28,537 TANs of Government deductors filed their quarterly TDS statement late. 97 Deductors of Income Tax Department have files their quarterly TDS statement late during period from 01.07.2012 to 01.03.2014....

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S. 234E: Recovery of fee is subject to outcome of Petition; Govt to reply on S. 234E notices – Rajasthan HC

Om Prakash Dhoot Vs UOI (Rajashthan High Court)

Under Section 234E wef 1st of July 2012 deductor will be liable to pay by way of fee of Rs 200 per day till the failure to file TDS statement continues, However, the total fee cannot exceed the amount of TDS deductible for which statement was required to be filed. ...

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Rajashthan HC remands back 81 appeals to ITAT for fresh decision

CIT Vs Ram Singh (Rajasthan High Court)

Hon'ble Rajasthan HC has held in the case of CIT Vs. Ram Singh that the Judgment of ITAT in various cases passed by this case are stereo typed, non-speaking, unreasoned, arbitrary and whimsical andremand the matter back to the ITAT to re-visit the issue afresh de-novo...

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TDS on Service Tax on Professional Fees if same is paid separately as per contract terms

Commissioner of Income Tax (TDS) Vs M/s. Rajasthan Urban Infrastructure (Rajasthan High Court)

We have considered the provisions of Section 194J of the Income Tax Act, in the light of Circulars dated 28.04.2008 and 30.06.2008. The words, “any sum paid”, used in Section 194J of the Act, relate to fees for professional services, or fees for technical services....

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TDS not deductible on service tax portion – Rajasthan HC

Commissioner of Income Tax (TDS) Vs M/s. Rajasthan Urban Infrastructure (Rajasthan High Court)

The dispute relates to a point as to whether TDS is to be deducted on the amount payable on account of service tax or not? The Tribunal has considered the agreement and recorded a finding that as per the term of contract, the amount of service tax was to be paid separately, therefore, the same was not subject to TDS....

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Jai Steel (India) Vs. ACIT reported in (2013) 259 CTR (Raj) 281

Jai Steel (India),Jodhpur Vs. Asst. Commissioner of Income Tax, Jodhpur (Rajasthan High Court at Jodhpur)

This appeal by the assessee is directed against the order dated 19.08.2009 passed by the Income Tax Appellate Tribunal, Jodhpur Bench, Jodhpur ('ITAT') in relation to the assessment proceedings concerning the respondent assessee for the assessment years 2001- 02, 2002-03 and 2000-01....

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