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ITAT Jaipur

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

July 2, 2022 4398 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 2445 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 6174 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 924 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).

Section 263: PCIT cannot comment on issues not forming part of limited scrutiny

June 24, 2022 630 Views 0 comment Print

Baljeet Yadav Vs PCIT (ITAT Jaipur) It is evident from the assessment order and impugned order that the assessee’s case was selected for scrutiny under CASS for examination of cash deposits made in the bank during the demonetarization period. It is prima facie not clear whether it was a limited scrutiny case or a detailed […]

Adoption of deemed sale consideration in violation of section 50C(2) unjustified

June 21, 2022 2433 Views 0 comment Print

AO failed to follow the procedure as prescribed under section 50C(2), held that the CIT(A) was not justified in confirming the action of the AO in adopting deemed sale consideration in violation of section 50C(2) of the Act. Actual sale consideration adopted for LTCG

Section 54F Exemption allowable even if new residential house is purchased in wife’s name

May 25, 2022 21468 Views 0 comment Print

We observed that the exemption was claimed U/s 54F of the Act on this account is Rs. 6,33,190/-. It is further noticed that the Assessing Officer has not disputed the purchase of new house in the name of wife of the assessee though the claim was denied by the AO.

Fresh Reassessment Pending conclusion of first reassessment proceedings is invalid

May 25, 2022 1398 Views 0 comment Print

Shri Jaideep Singh Vs ITO (ITAT Jaipur) A question that arises for con sideration is whether the AO can issue second notice u/s 148 and initiate fresh reassessment proceedings before completion/conclusion of proceedings initiated by way of first notice u/s 148 either by way of dropping the first reassessment proceedings or completing the proceedings by […]

No addition for receipt of sales in cash under section 68

May 23, 2022 3309 Views 0 comment Print

Kanchan (Widow) Vs ITO (ITAT Jaipur) AO admitted the fact that the appellant has made the sales supported by delivery challan and invoice and copy of party’s ledger account. This sale since accepted and the receipt of the sales in cash cannot be considered as an amount of income under the provision of section 68 […]

Amended provisions of Section 43B r.w.s. 36(1)(va) are not retrospective

May 18, 2022 5484 Views 0 comment Print

Ajeet Singh Vs ITO (ITAT Jaipur) ITAT held that the amendment brought in the statue i.e., by Finance Act, 2021, the provisions of Section 36(1)(va) r.w.s. 43B of the Act amended by inserting explanation 2 is prospective and not retrospective. Hence, the amended provisions of Section 43B r.w.s. 36(1)(va) of the Act are not applicable […]

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