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ITAT Jaipur

Defect notice u/s. 139(9) is not in accordance with law hence return filed to be considered as valid

December 4, 2023 4050 Views 0 comment Print

ITAT Jaipur held that as defect notice issued u/s. 139(9) of the Income Tax Act is not in accordance with the law and hence the return of income filed by the assessee should be considered as valid return.

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

November 29, 2023 1785 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.

ITAT Jaipur Dismisses Appeal: Non-compliance with ITD Notice

November 2, 2023 579 Views 0 comment Print

ITAT Jaipur dismisses Chiranji Lal Bairwa’s appeal due to non-compliance with ITD notice for determining land value under section 50C of Income Tax Act. Details of the case and the ruling.

Covid 19 & mere 2 days to reply notice is reasonable cause: Section 271(1)(b) deleted

October 26, 2023 702 Views 0 comment Print

Explore case of Manjeet Kaur vs ITO, where a penalty under Section 271(1)(b) was contested due to a reasonable cause amid Covid-19. Full ITAT Jaipur order analysis.

Matter resorted back to prove genuineness of activities via-a-vis application for registration u/s 12AB

October 19, 2023 639 Views 0 comment Print

ITAT Jaipur restored the matter back to CIT(E) as application for registration u/s. 12AB of the Income Tax Act was rejected solely due to alleged non-genuineness of the activities as charitable nature of activities of assessee not disputed.

Invocation of section 263 unjustified as order passed after considering information

October 16, 2023 942 Views 0 comment Print

ITAT Jaipur held that the assessment order passed by AO after considering the information filed during assessment proceedings cannot be said to be erroneous and prejudicial to the interest of the revenue. Every loss of revenue as a consequence of an order of the AO cannot be treated as prejudicial to the interests of the Revenue.

Section 50C not apply to property purchased/ sold as business property

October 14, 2023 4704 Views 0 comment Print

ITAT Jaipur held that provisions of section 50C of the Income Tax Act is not applicable because the immovable property was purchased/ sold as business property. Further, profit earned was duly reflected in the return of income. Accordingly, demand set aside.

Penalty u/s 271B not leviable as benefit of presumptive taxation upto Rs. 2 Crores available

October 14, 2023 6498 Views 0 comment Print

ITAT Jaipur held that penalty under section 271B of the Income Tax Act not leviable as the assessee is eligible to avail the benefit of presumptive taxation up to Rs. 2 Crores as per section 44D of the Income Tax Act.

Ex-Parte Order Due to Non-Attendance by consultant: ITAT Remits Matter to AO

October 11, 2023 1341 Views 0 comment Print

In an ex-parte order due to non-attendance, ITAT remits the case of Ravi Prakash Sharma vs. ITO back to the Assessing Officer. Get the full text of the order here.

Provisions of section 194C applies to work and not for purchase of material

October 9, 2023 2373 Views 0 comment Print

ITAT Jaipur held that the provision of section 194C of the Income Tax Act is applicable to work and not for purchase made which are liable for VAT. Hence, TDS u/s. 194C is not leviable as payments were made for purchase of material and not for any work contract.

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