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Mahendra Gargieya

Latest Posts by Mahendra Gargieya

Section 80P(2)(a)(i) Deduction cannot be denied without Substantiated Reasoning

April 29, 2024 531 Views 0 comment Print

The Presbyterian Churc Co. Operating Credit & Thrift Society Ltd. Vs ITO (ITAT Jaipur) Section 80P(2)(a)(i) deduction cannot be denied without specifying how the claim of the assessee is not correctly claimed & for motioning  status as AOP

AO cannot treat advance from customers as Deferred Sale without concrete basis

January 11, 2024 852 Views 0 comment Print

In the case of Raj Auto Wheels (P) Ltd vs ACIT, ITAT Jaipur meticulously analyzed additions based on customer advances and sales deferment, emphasizing legal principles and fair assessment. Tribunal’s rulings underscore the importance of genuine transactions and consistent legal application in tax assessments.

No disallowance under Section 40(a)(ia) if payee has already paid taxes: ITAT Jaipur

January 11, 2024 2292 Views 0 comment Print

The issue involved the contention that disallowance under Section 40(a)(ia) should not be made if the payee has already paid taxes. Noteworthy payees included public limited companies such as Maruti Udhyog Ltd., and Non-Banking Finance Corporations like Sundaram Finance, AU Finance, and Mahindra & Mahindra Finance.

Addition based on GP Rate: ITAT reduces addition from 2.26 Crore to 2 Lakh

January 11, 2024 4881 Views 0 comment Print

Tribunal concluded that the enhancement of the sale amount and the application of a higher GP rate of 3.25% lacked justification. The resultant addition of Rs. 2,26,41,521/- was deleted. However, to cover possible income leakage, an ad hoc addition of Rs. 2,00,000/- was allowed.

ITAT’s Deletion of Addition Invalidates related Section 271(1)(c) Penalty

December 23, 2023 1047 Views 0 comment Print

ITAT has deleted the entire addition and disallowance based for imposition of penalty, the penalty imposed so cannot continue and therefore, deserves to be deleted in full with reference to aforesaid the addition & disallowance.

If an evidence is relied upon, it should be considered in its entirety: ITAT Jaipur

December 23, 2023 954 Views 0 comment Print

ITAT Jaipur rules in favor of Rakesh Sharma, rejecting the addition of Rs. 22,54,250 under Section 69 for AY 2008-09, emphasizing the genuineness of bank transfers and cash withdrawals for cash deposits.

Ex-parte orders in Shiv Edibles Limited case: ITAT direct fresh adjudication

December 14, 2023 513 Views 0 comment Print

Read about ITAT Jaipur’s rulings in appeals by Shiv Edibles, directing fresh adjudication, providing relief in assessment cases for AY 2011-12 and 2016-17.

ITAT quashes section 271D penalty order as it was barred by limitation

November 29, 2023 1284 Views 0 comment Print

ITAT quashes penalty order under section 271D as it was time-barred. Detailed analysis of Ram Kishan Verma Vs Additional CIT (ITAT Jaipur) case.

Section 263 can be invoked for Real Errors & Not to invent or explore errors

September 27, 2023 8637 Views 0 comment Print

This article discusses case of Gayatri Devi vs. PCIT (ITAT Jaipur) regarding Section 263, highlighting importance of genuine errors in assessments.

AO’s 4% Profit Estimation Without Book Rejection is invalid: ITAT Jaipur

September 26, 2023 1677 Views 0 comment Print

Explore significant ITAT Jaipur ruling in case of Kunan Mal Kalu Ram Jain vs. ITO, highlighting rejection of profit estimation without rejecting books of accounts.

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