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ITAT Jaipur

S. 56(2)(vii)(b)(ii) cannot be applied prior to A.Y. 2014­-15; allotment letter constituted a complete agreement

September 14, 2021 15420 Views 0 comment Print

Naina Saraf Vs PCIT (ITAT Jaipur) Section 56(2)(vii)(b)(ii) cannot be applied prior to a A.Y. 2014­-15 as section comes into effect from A.Y. 2015-16 The Finance Act, 2013 inserted clause (ii) in S. 56(2)(vii)(b) reading as under: ‘(ii) for a consideration which is less than the stamp duty value of the property by an amount […]

ITAT directs CIT(A) to admit additional evidences

September 8, 2021 2268 Views 0 comment Print

Sanjay Matai Vs ITO (ITAT Jaipur) From perusal of record, we observed that Section 254 of the Act read with Rule 29 of the Income Tax (Appellate Tribunal) Rules, 1963 states about power to admit additional evidences, whether mere fact that evidence sought to be produced is vital and important does not provide a substantial […]

Mere conviction under N.I. Act cannot lead to presumption of contravention of Section 269SS provisions

September 6, 2021 1533 Views 0 comment Print

Mohan Lal Vs JCIT (ITAT Jaipur) Magistrate had convicted the assessee on the complaint filed U/s 138 of the N.I. Act by Shri Aditya Kumar Sharma but that does not ipso facto mean that assessee has taken or accepted any loan or deposit or any specified sum in cash from the said Aditya Kumar Sharma. […]

No reassessment merely for Loan Advancement or Non filing of ITR

May 24, 2021 1587 Views 0 comment Print

Merely saying that `loan had been advanced’ or `ITR had not been filed’, without disclosing the reasons, which led AO to hold such a belief , did not confer valid jurisdiction on the AO to take action u/s 147 and 148.

ITAT deletes addition as AO was not clear on taxability of transaction

April 5, 2021 789 Views 0 comment Print

Devender Kaur Vs ITO (ITAT Jaipur) In the instant case also, the AO has failed to conduct any enquiry and bring any material or fact to establish that the assessee has initially acquired the property in question at the time of Power of Attorney dated 3.1.2008 and subsequently sold the same vide sale deed dated 23.09.2009 […]

C.O. cannot be dismissed for dismissal of Revenue’s appeal on account of low effect

March 31, 2021 645 Views 0 comment Print

Narendra Kumar Khandelwal Vs ITO (ITAT Jaipur) We have considered the rival contentions and carefully perused the material available on record as well as order passed by the Tribunal in the main appeal. From the record, we found that the Tribunal vide consolidated order dated 18/12/2015 had dismissed the appeals of the Revenue as well […]

Allowability of cash expenses supported by self made vouchers

March 30, 2021 4347 Views 0 comment Print

Seward Exports Pvt Ltd. Vs ACIT (ITAT Jaipur) t there are inconsistencies in the findings of the ld. CIT(A), where at first place, he has held that the Assessing Officer has not able to bring any example of specific disallowable expenses in case of loading and unloading expenses and under the similar facts pattern where […]

Section 54F deduction eligible on house property purchased in wife name

March 12, 2021 3072 Views 0 comment Print

We also hold that the assessee is eligible for deduction U/s 54F of the Act in respect of residential house property purchased in the name of his wife.

Addition not valid when Cash Deposit is included in Turnover offered For Tax under Section 44AD

March 10, 2021 7845 Views 0 comment Print

Virender Kumar Vs ITO (ITAT Jaipur) It is noted that the assessee is in the diary business in the name and style of M/s Mohan Diary, Tijara and in pursuant to notice u/s 148, he has filed his return of income u/s 44AD declaring gross receipts from his diary business amounting to Rs 14,56,230/-. The […]

Only profit embedded in undisclosed turnover can be brought to tax

March 3, 2021 3957 Views 0 comment Print

ITAT Jaipur ruling on undisclosed turnover. Assessing Officer’s order upheld, subject to examination of declared gross profit rate. Legal analysis here.

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