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ITAT Jaipur

Section 271F penalty not applicable if Income was below taxable limit

November 7, 2022 6999 Views 0 comment Print

Kanhaiya Lal Lalwani Vs ITO (ITAT Jaipur) It is noted that the cost of acquisition of plot as per the assessee was Rs. 555/- purchased on 16-04­-1999 and thereafter addition/ improvement of Rs.3,41,000/- was made. In my view, if these benefits were allowed to the assessee then in that eventuality the capital gain arose on […]

ITAT imposes cost on Assessee for Casual & Cavalier Attitude of Assessee

November 6, 2022 1092 Views 0 comment Print

Reetesh Kumar Vs ITO (ITAT Jaipur) Bench observed that both the lower authorities had dismissed the appeal of the assessee ex-parte for want of non-appearance during the course of hearing.  In view of the request of the ld. AR of the assessee, the appeal of the assessee is restored to the file of the AO […]

Proper service of notice is vital for imposition of section 271(1)(b) penalty

November 6, 2022 753 Views 0 comment Print

We are of the view that proper service of notice is vital for imposition of penalty under section 271(1)(b). In this regard, we draw reliance in case of CIT vs. Har Parshad (1990) 49 Taxman 168 (P&H).

ITAT deletes section 14A disallowance enhanced by CIT(A)

October 27, 2022 1146 Views 0 comment Print

Geetanjali Hotels & Promoters Pvt. Ltd. Vs ACIT/DCIT (ITAT Jaipur) It is noted from the record that the assessee company is engaged in the business of Hotel Industries and Toll Tax Collection. During the course of assessment proceedings, the AO noted that the assessee company had debited the interest expenses amounting to Rs. 4,23,15,400/-. During the […]

Monetary Appeal filing limit – Stay does not mean end of Income Tax prosecution

October 27, 2022 1407 Views 0 comment Print

Merely granting of stay does not mean that prosecution launched by Department has come to an end and appeal cannot be dismissed on account of low tax effect,

Equalization levy not applicable on person merely acting as conduit

October 14, 2022 1884 Views 0 comment Print

ITAT Jaipur held that equalization levy not applicable as role of the assessee is merely conduit between the entity carrying out the advertisement and Google. The ultimate benefit of such advertisement is not desired by the assessee.

Assessment completed after proper inquiry cannot be reframed without fresh evidence

October 8, 2022 1248 Views 0 comment Print

ITAT Jaipur held that assessment which are already completed after making proper inquiries cannot be allowed to again reframed merely based on the search without any fresh evidence. Addition unsustainable

Self certified copies of documents sufficient for claiming section 12AA exemption

October 4, 2022 4431 Views 0 comment Print

Rule 17A of Income Tax Rules, 1962 clearly explained that self certified copies of documents are sufficient for the claiming exemption under section 12AA

Interest cannot be disallowed if interest free funds exceed interest bearing funds

October 4, 2022 4152 Views 0 comment Print

Shri Narendra Kumar Khandelwal Prop. M/s Ranjana Textiles Vs ITO (ITAT Jaipur) Interest free funds available: The law is well settled that where assessee is having mixed i.e. interest free/interest bearing funds both, but where the interest free funds are larger than the interest free advances/utilization than there will a presumption that the interest free […]

ITAT upheld addition for cash paid for land not forming part of Agreement value

August 31, 2022 1086 Views 0 comment Print

Brijesh Sharma Vs DCIT (ITAT Jaipur) During the Assessment assessee submitted to the AO vide letter dated 12.11.2014 that the assessee had purchased a plot of land situated in Jaipur for disclosed consideration of Rs. 5,21,000/- which was paid by cheque. The AO issued summon u/s 131(2) the seller, Smt. Choti Devi. In her statement […]

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