2 ITAT Jaipur

ITAT Jaipur

Disallowance of marketing and survey expenses unsustainable as identity of party is proved

Rajasthan Patrika Private Limited Vs ACIT (ITAT Jaipur)

ITAT Jaipur held that disallowance of marketing and survey expenditure merely because of non-production of the concerned party whose identity is proved is unsustainable in law....

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No addition u/s 68 could be sustained if sales were made out of stock-in-trade

ACIT Vs Chandra Surana (ITAT Jaipur)

If the cash sales and receipts were duly supported by relevant bills which were produced in the course of assessment proceedings, addition U/s 68 was unwarranted. Where cash sales transaction was recorded in regular books of accounts, sales were made out of stock-in-trade then no addition U/s 68 could be sustained....

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Order passed without opportunity to AO to ascertain correct fact is liable to be set aside

ACIT Vs Laxmi Ram Khandelwal (ITAT Jaipur)

ITAT Jaipur set aside the CIT(A) order as the same being non-speaking and cryptic order which is passed against the principles of natural justice as opportunity to the AO to ascertain the correct fact was not granted....

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Section 43CA(4) not applicable to sell agreement executed before 01.04.2013

Indexone Tradecone Pvt. Ltd. Vs DCIT (ITAT Jaipur)

ITAT held that provisions of sub-section (4) would be applicable in respect of agreement to sell for transfer of an asset which has been executed on or after 1st April, 2013....

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Condonation of delay based on sympathy/ benevolence not grantable

Girraj Prasad Shambhu Dayal Vs Principal Commissioner of Income (ITAT Jaipur)

ITAT Jaipur held that condonation of delay cannot be granted merely on the basis of sympathy or benevolence. Further, condonation of delay rejected alleging lack of diligence and inaction on the part of the assessee....

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

Smt. Priyanka Agarwal Vs DCIT (ITAT Jaipur)

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

Jhunjhunu Karya Vikrya Sahakari Samiti Limited Vs PCIT (ITAT Jaipur)

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....

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Section 263 cannot be invoked to correct section under which penalty is leviable

Harish Jain Vs PCIT (ITAT Jaipur)

ITAT held that invocation of provision of 263 to correct section under which penalty is leviable or not is beyond the power vested under section 263 of Income Tax Act,...

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Addition of unexplained investment deleted in absence of substantive evidence

Smt. Anita Jain Vs ACIT (ITAT Jaipur)

ITAT Jaipur held that additions on account of LIC Premia treated as unexplained investment deleted as merely based on rough notings without any substantive evidence....

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Amount of bogus donation not deductible u/s 35(1)(ii)

DCIT Vs P.R. Rolling Mills Pvt. Ltd. (ITAT Jaipur)

ITAT Jaipur held that benefit of deduction under section 35(1)(ii) of the Income Tax Act unavailable on bogus donation on adoption of unfair means....

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