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ITAT Jaipur

AO cannot impose penalty without proving concealment by assessee

March 26, 2022 2637 Views 0 comment Print

Jhodinda Bhojpura Gram Sewa Sahakari Samiti Ltd Vs ITO (ITAT Jaipur) It is well-settled that assessment proceedings and penalty proceedings are separate and distinct and as held by the Supreme Court in the case of Ananthraman Veera singhaiah & Co.Vs. CIT [1980] 123 ITR 457, the finding in the assessment proceedings cannot be regarded as […]

ITAT deletes section 272A(1)(c) penalty for default due to Ignorance of law

March 23, 2022 2673 Views 0 comment Print

Suresh Kumar Agarwal Vs JDIT (ITAT Jaipur) ITAT perused materials available& observed that learned CIT (A) erred in upholding the order by the AO, Where the assessee admitted his delay in reply for the notice and delay in complying the summons. Assessee submitted that he was a small business contractor and he was not aware […]

No addition based on mere confidential information submitted before Settlement Commission

March 21, 2022 2895 Views 0 comment Print

Addition cannot be made on the basis of mere confidential information submitted before Settlement Commission without incriminating material found in search and seizure to support addition.

Only Profit Element in Sale can be treated as income not the Entire sale consideration

February 23, 2022 3531 Views 0 comment Print

It not the entire sales consideration which is to be brought to tax but only the profit attributable on the total unrecorded sales consideration which alone can be subject to income tax

ITAT deletes Addition towards ESI and PF paid before Income Tax Return due date

February 20, 2022 1665 Views 0 comment Print

Murlidhar Hassani Vs DCIT (ITAT Jaipur) In the instant case, admittedly and undisputedly, the employees’ contribution to ESI and PF collected by the assessee from its employees have been deposited well before the due date of filing of return of income u/s 139(1) of the Act. Further, the ld D/R has referred to the explanation […]

ESIC & PF paid before due date of filing income tax return allowable till AY 2020-21

February 5, 2022 8388 Views 0 comment Print

Dr. B. Lal Clinical Laboratory Private Limited Vs ACIT (ITAT Jaipur) In the instant case, admittedly and undisputedly, the employees’ contribution to ESI and PF collected by the assessee from its employees have been deposited well before the due date of filing of return of income u/s 139(1) of the Act. Further, the ld D/R […]

ITAT deletes 25% addition for jewellery made by CIT(A) without any rational basis

January 28, 2022 1125 Views 0 comment Print

Vijay Kumar Maheshwari Vs DCIT (ITAT Jaipur) Coming to the matter relating to jewellery received from Late Shri Shri Ramswaroop Maheshwari, it is noted that the assessee has submitted before the ld CIT(A) as well as before the AO that Late Shri Ramswaroop Maheshwari during the period 2005-06 was not keeping well and wanted to […]

Depreciation being a statutory allowance and hence cannot be restricted on the basis of personal use

January 27, 2022 1371 Views 0 comment Print

I.T.O. Vs Bhagchand Jain (ITAT Jaipur) Disallowance of depreciation on vehicles is also not warranted with the facts and merits of the case as depreciation being a statutory allowance and hence cannot be restricted on the basis of personal use as has been held by Coordinate Bench of this Tribunal in ITA no. 373/JP/2002 in […]

Section 36(1)(va)/43B amended by Finance Act 2021 applicable from 01.04.2021

December 26, 2021 5028 Views 0 comment Print

Pee Tee Turners Vs Assistant Director of CPC (ITAT Jaipur) In the instant case, admittedly and undisputedly, the employees’ contribution to ESI and PF collected by the assessee from its employees have been deposited well before the due date of filing of return of income u/s 139(1) – D/R has referred to the explanation to […]

Amended provisions related to deduction for ESI/PF applicable from AY 2021-22

December 24, 2021 5628 Views 0 comment Print

Abhimanyu Sharma Vs ITO (ITAT Jaipur) In the instant case, admittedly and undisputedly, the employees’ contribution to ESI and PF collected by the assessee from its employees have been deposited well before the due date of filing of return of income u/s 139(1) of the Act and therefore, the legal proposition laid down in aforesaid […]

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