ITAT Jaipur holds u/s 159 that penalty survives assessee’s death and is enforceable against the legal heir. Recovery is strictly limited to the value of the inherited assets or estate.
The ITAT Jaipur dismissed the appeals of Whole Sale Cloth Merchant Association, upholding the reassessments and denial of Section 11/12 exemption. The Tribunal confirmed that the trust’s failure to file returns
ITAT Jaipur, confirmed deletion of an addition of Rs. 1.49 crore made under Section 69A of Income Tax Act, which Assessing Officer treated as unexplained cash loans.
Jaipur ITAT dismisses Revenue’s appeals in Nath Corporation, Royal Jewellers, and Shri Jitendra Kumar Agarwal cases, deleting Rs. 3.3 crore in penalties.
The ITAT Jaipur dismissed the assessee’s appeal, confirming the PCIT’s revisionary order under Section 263. The Tribunal ruled that the income declared as excess stock during a survey must be taxed under Section 115BBE at a higher rate because the assessee failed to prove a direct nexus between the excess stock and suppressed regular business profits.
The court found that the assessee provided sufficient documentary evidence, and the declared profit rates were comparable to previous years, distinguishing the case from bogus purchases precedents.
The Tribunal ruled that the Assessing Officer failed to conduct a proper inquiry into whether a large plot of land with a small house constituted a residential house for the purpose of the exemption. The case has been remanded for fresh adjudication.
ITAT Jaipur ruled that merely possessing registered property deeds cannot be treated as incriminating material under Sections 153A/153C of Income Tax Act.
Income surrendered during survey and accounted as business income should not attract section 115BBE rates, clarifying application of sections 69, 69A, and 69B.
ITAT Jaipur sets aside the rejection of a tax exemption for Saraswati Shiksha Samiti. The tribunal ruled that registration under the Rajasthan Public Trust Act is not a prerequisite for tax exemption and cited a violation of natural justice.