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Ca Rajeev Jain

Latest Posts by Ca Rajeev Jain

Preparing for ITR Filing for Salaried Individuals: Key Precautions & Checks

June 18, 2023 9072 Views 3 comments Print

Understand the key precautions to consider while filing ITR for salaried individuals. Find tips on choosing the correct ITR form, understanding Form 16, 26AS, AIS, TIS, and more.

TDS on annual maintenance charges for maintenance of medical equipment

May 29, 2023 2706 Views 0 comment Print

Chennai ITAT dismisses Revenue’s appeal against Kovai Medical Centre and Hospital Limited. Consultant doctors’ payments subjected to Section 194J, not 192, due to lack of employer-employee relationship.

No Section 69A addition where cash deposits reflected as sales & accepted by Revenue

May 8, 2023 5709 Views 0 comment Print

ITO Vs Rajesh Kumar Chhanalal Patel (ITAT Ahmedabad) Ahmedabad ITAT upholds CIT(A) order deleting the addition of Rs. 86.75 Cr under Section 69A as Assessee’s unexplained income; Holds that the cash deposited in bank account cannot be treated as unexplained as the Revenue himself in the remand report and on verification accepted that the entire […]

No assessment under section 153C in absence of incriminating material: SC

May 8, 2023 5622 Views 0 comment Print

DCIT Vs U.K. Paints (Overseas) Ltd. (Supreme Court of India) As found by the High Court in none of the cases any incriminating material was found during the search either from the Assessee or from third party. In that view of the matter, as such, the assessments under Section 153-C of the Act are rightly […]

Address to deliver Income Tax notice in case of person in judicial custody

April 28, 2023 1695 Views 0 comment Print

PCIT Vs Narayan Kumar Khaitan (Orissa High Court) Case Law on Service of notice required through Superintendent of Jail if assessee is in judicial custody. A search and seizure operation under section 132 was conducted on SM and group wherein certain incriminating documents were found. Subsequently, assessment in case of assessee was completed under section […]

Reasons for formation of belief must have rational connection with formation of belief

April 20, 2023 651 Views 0 comment Print

It is a well settled law that, reasons for formation of belief must have rational connection with or relevant bearing on formation of belief.

Mushrooms grown under controlled conditions constitutes ‘Agricultural Activity’, exemption from tax

April 17, 2023 8982 Views 0 comment Print

DCIT Vs British Agro Products (India) Pvt. Ltd. (ITAT Chennai) Mushrooms grown under controlled conditions constitutes ‘Agricultural Activity’, exemption from tax : – [DCIT v. British Agro Products (India) Pvt. Ltd. (05.04.2023) ITAT Chennai Chennai ITAT dismisses Revenue’s appeal, holds that cultivation and sale of white button mushrooms is an ‘agricultural activity’ and income derived […]

Sec. 263 revision to cancel non existing original assessment order is not tenable

April 17, 2023 1233 Views 0 comment Print

PCIT Vs Padma Kumar Jain (Jharkhand High Court) Section 263 revision initiated by CIT second time to cancelling non existing original assessment order isn’t tenable: PCIT v. Padma Kumar Jain – [2022] (Jharkhand) A search and seizure operation was conducted by the Assessing Officer (AO) in the business and residential premises of the assessee-individual. After […]

Gold wastage during creation of ornaments can’t be treated as ‘making charges’

April 17, 2023 3372 Views 0 comment Print

 Understand the intricacies of gold wastage in ornament creation and its tax implications in the case of P.R. Gold and Silver Craft v. DCIT. Delve into the Chennai Tribunals ruling on treating gold wastage as making charges and the applicability of TDS under Section 194C. Gain insights for your business.

Sec. 41(1) can’t be invoked for liability against purchase of defective machinery that was never put to use

April 17, 2023 939 Views 0 comment Print

Marvelore Mining & Allied Industries Pvt. Ltd. Vs ITO (ITAT Surat) Sec. 41(1) can’t be invoked for liability against purchase of defective machinery that was never put to use: Marvelore Mining & Allied Industries (P.) Ltd. v. ITO – [2023] (Surat-Trib.)  Assessee was a private limited company. It was engaged in the business of Calcium […]

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