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ITAT Jaipur

Delay in filing of an appeal not condoned as ignorance of law not sufficient cause

September 2, 2023 2028 Views 0 comment Print

ITAT Jaipur held that ignorance of law and bona fide belief cannot be termed as sufficient cause and hence condonation of delay in filing of an appeal not granted.

Denial of registration u/s 12AA to trust genuinely performing object of imparting education unjustified

September 1, 2023 1038 Views 0 comment Print

ITAT Jaipur held that assessee trust under the umbrella of Dayanand Saraswati University, Ajmer is genuinely performing its activities and objects of imparting education to the students coming off from poor or middle class families. Accordingly, denial to register the trust u/s 12AA of the Income Tax Act unjustified.

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

August 25, 2023 1929 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).

Revisionary proceedings u/s 263 justified if no proper inquiry by AO

August 25, 2023 420 Views 0 comment Print

ITAT Jaipur held that invocation of revisionary proceedings u/s 263 of the Income Tax Act justified in absence of proper inquiry by AO which renders the assessment order erroneous as well as prejudicial to the interest of revenue.

Disallowance of expenditure by invoking provisions of section 154 unjustified

August 22, 2023 1317 Views 0 comment Print

ITAT Jaipur held that disallowance of expenditure by invoking rectification provisions of section 154 of the Income Tax Act is unjustifiable as the same is not mistake apparent on record.

Notice issued u/s 153C without valid satisfaction notice is bad-in-law

August 19, 2023 4791 Views 0 comment Print

ITAT Jaipur held that in absence of a valid satisfaction note the notice issued under Section 153C of the Income Tax Act 1961 is bad in law. Resultantly the assessment order passed u/s 143(3) r.w.s. 153C of the Act is void ab initio and liable to be quashed.

ITAT allows 25% reduction in DLC Rate considering restriction on use of land, Section 50C addition deleted

August 17, 2023 1776 Views 0 comment Print

Read about the ITAT Jaipur decision in Ajay Kumar Jain vs ITO case, allowing 25% reduction in DLC Rate due to land use restrictions. Section 50C addition deleted. Analysis and conclusion included

For Interest Calculation ‘month’ cannot be considered as per British calendar month: ITAT Jaipur

August 7, 2023 1239 Views 0 comment Print

The assessee company was engaged in business of trading and manufacturing of Bakery items. It filed its return on 12.03.2022 declaring total income of Rs. 14,22,15,640/-. During the year under consideration, assessee has made payment of Rs. 15,22,68,970/- on 16.02.2021 to M/s Everfoods Asia Pvt. Ltd.

Short-Term Capital Loss Addition Unsustainable: Transaction Not Bogus

August 7, 2023 723 Views 0 comment Print

ITAT Jaipur held that addition towards short term capital loss treating it as bogus unsustainable as transaction of purchase and sale of shares done through banking channel and STT duly paid thereon.

ITAT deletes section 271F Penalty for Bona Fide ITR Filing Delay

August 6, 2023 1683 Views 0 comment Print

ITAT Jaipur lifts penalty for Mukesh Pathaks late ITR filing, deeming it a bona fide mistake with no revenue loss as proper tax was already paid.

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