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Section 254(2): ITAT cannot rectify any mistake not apparent from record

August 25, 2023 2577 Views 0 comment Print

Dive deep into case of DCIT Vs Suman Solanki, as ITAT Jaipur discusses its authority to rectify mistakes, amendments from Finance Act, 2021, and interpretation of Section 254(2).

Quantum Appeal Allowed, Section 54F Deduction Granted: Penalty Vacated

July 20, 2023 843 Views 0 comment Print

Read the full text of the order of ITAT Jaipur in the case of Lalit Kumar Kalwar Vs ITO. The quantum appeal is allowed, and the deduction under Section 54F is granted, resulting in the penalty being vacated.

Section 50C provision not applicable to section 54F exemption calculations

June 10, 2023 5853 Views 0 comment Print

ITAT Jaipur reinforces section 54F’s applicability, highlighting the distinction between actual sale consideration and stamp duty value for capital gains exemption, affirming the principle of real consideration over deemed value for investment in new assets.

Section 69C cannot be invoked if expenditure is duly accounted in books & Source is shown

June 10, 2023 5088 Views 0 comment Print

ITAT Jodhpur upholds CIT(A)’s decision, negating the AO’s addition of Rs. 1.62 crore under Section 69C for Shri Prahalad Rai Rathi. The judgment clarifies all transactions were through banking, dismissing the alleged unexplained expenditure and unsecured loans as baseless.

Income tax law never contemplates to apply Section 14A to a taxable income

June 10, 2023 534 Views 0 comment Print

Precondition of applicability of S. 14Ahas not been fulfilled in the present case in as much the law never contemplates to apply S. 14A in relation to a taxable income as in the present case

Order passed after due application of mind cannot be subjected to proceeding u/s. 263

May 12, 2023 1227 Views 0 comment Print

Shri Keshoraipatan Sahkari Sugar Mills Ltd. Vs PCIT (ITAT Jaipur) We find that the assessment was taken up for scrutiny under CASS to examine the deduction claimed chapter VIA for limited purpose and on this issue, there is finding of the ld. AO in the assessment order. Yet, learned PCIT has subjected the assessment order […]

No penalty on income voluntarily declared in ROI after receipt of section 148 notice

May 12, 2023 15906 Views 0 comment Print

Voluntary Income declared by assessee on its own i.e. without any detection cannot be considered as equivalent to providing inaccurate particulars of income or concealing particulars of Income

Section 271D cannot be imposed after expiry of larger period of limitation

May 12, 2023 8283 Views 0 comment Print

Jagdish Chandra Suwalka Vs JCIT (ITAT Jaipur) ITAT observed that the provisions contained u/s 275(1)(a)are not applicable on the facts of present case for the reason that undisputedly no appeal has been filed against the assessment order passed on 28.12.2017. Therefore, it cannot be said that the relevant assessment or other order was subjected to […]

CIT cannot initiate proceedings with a view to start fishing & roving enquiries

March 25, 2023 2601 Views 0 comment Print

Dhanraj Chhipa Vs PCIT (ITAT Jodhpur) CIT cannot invoke his powers of revision under section 263 if the Assessing Officer has conducted enquiries and applied his mind and has taken a possible view of the matter. If there was any enquiry and a possible view is taken, it would not give occasion to the Commissioner […]

Show cause notice issued in routine manner cannot be considered a valid notice

December 21, 2022 7701 Views 0 comment Print

Smt. Priyanka Agarwal Vs DCIT (ITAT Jaipur) Taking into facts and circumstances of the case it is an evident from the show cause notice u/s 274 read with section 271AAB of the Act that the Assessing Officer was not clear i.e whether it is for the clause (a) or clause (b) or clause (c) of […]

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