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ITAT allows 25% reduction in DLC Rate considering restriction on use of land, Section 50C addition deleted

August 17, 2023 3078 Views 0 comment Print

Read about the ITAT Jaipur decision in Ajay Kumar Jain vs ITO case, allowing 25% reduction in DLC Rate due to land use restrictions. Section 50C addition deleted. Analysis and conclusion included

Contract money and compensation on delayed payment is business income

June 19, 2023 1932 Views 0 comment Print

In ITO vs. Late Shri Chandi Ram, ITAT Jaipur upheld CIT(A)’s decision, recognizing arbitration and interest receipts from contracts executed in AY 1989-90 & 1990-91 as business income, taxable in AY 2012-13. Based on the jurisdictional High Court’s ruling, a net profit rate of 8.5% was applied, aligning with Supreme Court’s precedent on interest from delayed contract payments.

Classification & taxation of LAN connection cables (CAT-5 & CAT-6) under Rajasthan VAT

May 30, 2023 1635 Views 0 comment Print

Whether the LAN Connection Cable (CAT-5, CAT-6) is taxable under S. No. 3 or 24 of Part A of Entry No. 65 of Schedule-IV or at General Rate as per Schedule-V appended to the Rajasthan Value Added Tax Act, 2003

Customs Act: HC grants bail to accused as Gold Value was than less Rs. 1 Crore

February 1, 2023 1260 Views 0 comment Print

Ronak Soni Son of Hariram soni Vs Union of India (Rajasthan High Court) The accused person Mr. Ronak Soni while coming from Kolkata to Jaipur (via train) was intercepted by officials of DRI on 27.10.2022 and he was found carrying gold weighing 1872 grams of gold valued at Rs. approx 97 lacs. However, on the […]

Alleged GST Evasion: Rajasthan HC grants bail to accused

January 3, 2023 1536 Views 0 comment Print

It is contended by learned counsel for the petitioner that he has falsely been implicated in this case. Learned counsel submitted that there has been violation of mandatory provisions while effecting his arrest and its continuation as contained in the Act of 2017.

Order passed after due application of mind cannot be subjected to section 263 proceeding  

December 21, 2022 1542 Views 0 comment Print

AO has clearly conducted the enquiry and revenue did not pin point the error on the part of the assessing officer the order passed after due application of mind cannot be subjected to proceeding u/s. 263 of the Act.

Validity of Section 148 notice when escaped assessment is less than Rs.50 lacs

October 19, 2022 20403 Views 1 comment Print

Geeta Agarwal Wife Of Shri Navratan Agarwal Vs ITO (Rajasthan High Court) It is contended that as in the present case, the income, which is alleged to have escaped assessment, is far below Rs.50 lacs i.e., Rs.8 lacs, the bar under clause (a), sub-section (1) of Section 149 of the Act would come into play […]

HC explains Provisions of Section 148A of Income Tax Act, 1961

July 20, 2022 10530 Views 0 comment Print

Abdul Majeed Vs ITO (Rajasthan High Court) High Court held that while passing an order under Section 148A of the Act, the authority is required to reach satisfaction to not only that income chargeable to tax has escaped assessment, but in case where three years have elapsed from the end of the relevant assessment year, […]

GAT Evasion case: Rajasthan High Court Grants Bail to accused

July 5, 2022 2052 Views 0 comment Print

Kamal Chand Bothra Vs Union of India (Rajasthan High Court) 1. The present bail application has been filed under Section 439 Cr.P.C. arising out of F. No.DGGI/INT/INTL/668/2022/-Gr-A-O/o ADG-DGGI-JZU-JAIPUR; Registered at Directorate General Of Goods and Services Tax Intelligence, Jaipur Zonal Office, Jaipur relating to offence punishable under Sections 132 (1) of Central Goods and Services […]

HC grants refund of Tax Recovered in excess of 20% against disputed Demand

June 1, 2022 993 Views 0 comment Print

Ram Gopal Sharma Vs ITO (Rajasthan High Court) 1. Learned counsel for the petitioner has submitted that the petitioner is a senior citizen and has been filing regular income tax return. In the instant case, return of income tax was filed on 23.07.2017 for the assessment year 2017-18. The same came in scrutiny and high […]

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