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ITAT Jaipur

Penalty u/s 271(1)(c) not leviable as addition made on account of difference of opinion

May 24, 2023 2319 Views 0 comment Print

ITAT Jaipur held that penalty u/s 271(1)(c) of the Income Tax Act not leviable as addition made on account of meager amount and on account of difference of opinion only.

Non-compliance due to receipt of notice in SPAM folder is sufficient cause for condonation of delay

May 24, 2023 2154 Views 0 comment Print

ITAT Jaipur held that non-compliance due to receipt of notice in SPAM folder is sufficient cause shown for the delay. Accordingly, delay of 223 days in filing of an appeal condoned.

Company Is a Separate Legal Entity despite Majority Shareholding / Directorship by Assessee

May 23, 2023 1137 Views 0 comment Print

Krishna Das Agarwal Vs DDIT/ADIT (Inv.) (ITAT Jaipur) Black Money Act – Company Is a Separate Legal Entity and The Assessee Cannot Be Held to Be Beneficial Owner Ipso-Facto Due to Majority Shareholding / Directorship.- FULL TEXT OF THE ORDER OF ITAT JAIPUR These bunch of five appeals consist of one appeal filed by the […]

There cannot be second round of Section 271(1)(b) penalty for same default

May 21, 2023 1275 Views 0 comment Print

ITAT Jaipur held that there cannot be a second round of penalty for same defaults. Accordingly, penalty imposed u/s 271(1)(b) of Income Tax Act for second time is unsustainable.

Order passed after due application of mind cannot be subjected to proceeding u/s. 263

May 12, 2023 1056 Views 0 comment Print

Shri Keshoraipatan Sahkari Sugar Mills Ltd. Vs PCIT (ITAT Jaipur) We find that the assessment was taken up for scrutiny under CASS to examine the deduction claimed chapter VIA for limited purpose and on this issue, there is finding of the ld. AO in the assessment order. Yet, learned PCIT has subjected the assessment order […]

No penalty on income voluntarily declared in ROI after receipt of section 148 notice

May 12, 2023 14460 Views 0 comment Print

Voluntary Income declared by assessee on its own i.e. without any detection cannot be considered as equivalent to providing inaccurate particulars of income or concealing particulars of Income

Section 271D cannot be imposed after expiry of larger period of limitation

May 12, 2023 7005 Views 0 comment Print

Jagdish Chandra Suwalka Vs JCIT (ITAT Jaipur) ITAT observed that the provisions contained u/s 275(1)(a)are not applicable on the facts of present case for the reason that undisputedly no appeal has been filed against the assessment order passed on 28.12.2017. Therefore, it cannot be said that the relevant assessment or other order was subjected to […]

Registration under 12AA granted as activities carried are not in nature of trade, commerce or business

May 2, 2023 1050 Views 0 comment Print

ITAT Jaipur held that as the activities carried out by the appellant (Rajasthan Para-Medical Council) are not in the nature of trade, commerce or business, hence registration under section 12AA should be granted.

ITAT allows Appeal filed manually but not electronically due to Technical issues

April 26, 2023 645 Views 0 comment Print

Mahesh Agarwal Vs ACIT (ITAT Jaipur) The crux of the issue is that the assessee has filed the appeal manually but simultaneously not filed the appeal electronically. Hence, ld. CIT(A) treated the manual appeal filed by the assessee as non est and dismissed the same. Assessee had already filed the appeal in paper form, however […]

Addition unsustainable as SCN issued by DRI lacks jurisdiction

April 25, 2023 1164 Views 0 comment Print

ITAT Jaipur held that officers of DRI are not proper officers for the purposes of Section 28 of Customs Act, 1962 and hence order and show cause notice are not maintainable. Accordingly, addition confirmed thereon is unsustainable.

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