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ITAT Jaipur

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

January 9, 2023 6570 Views 0 comment Print

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.

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

January 9, 2023 654 Views 0 comment Print

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.

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

January 6, 2023 2328 Views 0 comment Print

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.

Condonation of delay based on sympathy/ benevolence not grantable

December 24, 2022 2088 Views 0 comment Print

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.

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

December 21, 2022 7056 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 […]

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

December 21, 2022 1263 Views 0 comment Print

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.

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

December 14, 2022 4317 Views 0 comment Print

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,

Addition of unexplained investment deleted in absence of substantive evidence

December 10, 2022 1758 Views 0 comment Print

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.

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

November 24, 2022 3273 Views 0 comment Print

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.

Rejection of books of accounts based on insignificant defects is unjustifiable

November 21, 2022 2658 Views 0 comment Print

ITAT Jaipur held that rejection of books of account on the basis of insignificant defects is unjustified as Before invoking provisions of section 145(3) AO has to bring on record material the basis on which he has arrived at the conclusion with regard to correctness/ completeness of the accounts.

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