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ITAT Jaipur

Life membership/ entrance fees is capital receipt

August 13, 2022 6252 Views 0 comment Print

Held that fees like entrance fees as well as life membership are part of the corpus fund and accordingly are in the nature of capital receipt.

PCIT not entitled to direct AO to initiate penalty proceedings

August 10, 2022 2307 Views 0 comment Print

Held that revisional jurisdiction u/s. 263 of PCIT cannot be invoked for initiation of penalty proceedings without holding that the assessment order passed by the AO as erroneous and prejudicial to the interest of revenue.

Litigation expense incurred for possession of asset for conducting business is revenue in nature

August 10, 2022 1671 Views 0 comment Print

Held that assessee has no interest in the ownership of the asset but he is in possession of the asset for conducting its business, the litigation expenditure incurred is only to protect his business and, therefore, the same is revenue expenditure.

ITAT deletes addition for New Electricity Connection charges

August 4, 2022 3207 Views 0 comment Print

Allen Career Institute Vs JCIT (ITAT Jaipur) Disallowance of Rs.2,01,515/- on account of New Electricity Connection charges. In Ground of Appeal disallowance of Rs. 2,01,515/- made relating to the claim on account of electric connection charges, is agitated. The AO noted that the assessee had claimed expenditure of Rs.2,37,076/- for new electricity connection charges. When […]

Surplus returned from Common contributed Fund cannot be treated as profit

July 30, 2022 246 Views 0 comment Print

Where a number of persons combine together and contribute to a common fund for the financing of some venture or object and in this respect have no dealings or relations with any outside body, then any surplus returned to those persons cannot be regarded in any sense as profit.

Section 147 Proceeding without reporting reasons for reopening is unsustainable

July 18, 2022 1671 Views 0 comment Print

Held that the department has failed to issue notice, failed to report the reasons for reopening the case and also failed to take the approval of the appropriate authority before as initiation of proceedings u/s 147 of the I.T. Act. Appeal allowed on technical ground.

Addition, without opportunity of cross-examination of witnesses, unjustified

July 2, 2022 3942 Views 0 comment Print

No addition can be made only on the basis of statements of the third party without providing the opportunity of cross-examination of the person when specifically asked by the assessee in whose hand the addition has been made

Section 271AAB penalty not valid if AO not mention specific default of assessee

June 30, 2022 2199 Views 0 comment Print

Explore Mahaveer Prasad Agarwal vs. DCIT case at ITAT Jaipur, analyzing discretionary penalties under sections 271AAB and 271 of the Income Tax Act.

Amendment to Section 36(1)(va) & 43B by Finance Act, 2021 applicable from AY 2021-22

June 30, 2022 5835 Views 0 comment Print

In a significant decision, ITAT Jaipur, in Suman Solanki vs DCIT case, rules that timely deposited PF/ESI contributions before return filing are admissible deductions. Explore the detailed analysis.

Section 80G(5)(vi) ITAT allows delayed submission of documents due to Covid

June 27, 2022 900 Views 0 comment Print

Explore the ITAT Jaipur ruling in Shree Radheshyam Sharnam Vs CIT case. Delve into the impact of Covid-19 on document submission, appeal delays, and the final decision under section 80G(5)(vi).

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