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ITAT Jaipur

Condonation of delay based on sympathy/ benevolence not grantable

December 24, 2022 2178 Views 0 comment Print

ITAT Jaipur held that condonation of delay cannot be granted merely on the basis of sympathy or benevolence. Further, condonation of delay rejected alleging lack of diligence and inaction on the part of the assessee.

Show cause notice issued in routine manner cannot be considered a valid notice

December 21, 2022 7314 Views 0 comment Print

Smt. Priyanka Agarwal Vs DCIT (ITAT Jaipur) Taking into facts and circumstances of the case it is an evident from the show cause notice u/s 274 read with section 271AAB of the Act that the Assessing Officer was not clear i.e whether it is for the clause (a) or clause (b) or clause (c) of […]

Order passed after due application of mind cannot be subjected to section 263 proceeding  

December 21, 2022 1386 Views 0 comment Print

AO has clearly conducted the enquiry and revenue did not pin point the error on the part of the assessing officer the order passed after due application of mind cannot be subjected to proceeding u/s. 263 of the Act.

Section 263 cannot be invoked to correct section under which penalty is leviable

December 14, 2022 5034 Views 0 comment Print

ITAT held that invocation of provision of 263 to correct section under which penalty is leviable or not is beyond the power vested under section 263 of Income Tax Act,

Addition of unexplained investment deleted in absence of substantive evidence

December 10, 2022 1941 Views 0 comment Print

ITAT Jaipur held that additions on account of LIC Premia treated as unexplained investment deleted as merely based on rough notings without any substantive evidence.

Amount of bogus donation not deductible u/s 35(1)(ii)

November 24, 2022 3384 Views 0 comment Print

ITAT Jaipur held that benefit of deduction under section 35(1)(ii) of the Income Tax Act unavailable on bogus donation on adoption of unfair means.

Rejection of books of accounts based on insignificant defects is unjustifiable

November 21, 2022 3060 Views 0 comment Print

ITAT Jaipur held that rejection of books of account on the basis of insignificant defects is unjustified as Before invoking provisions of section 145(3) AO has to bring on record material the basis on which he has arrived at the conclusion with regard to correctness/ completeness of the accounts.

Non-reflection of intimation u/s 143(1) on tax portal invalids the consequent grievance

November 17, 2022 2142 Views 0 comment Print

ITAT Jaipur held that since the intimation under section 143(1) of the Income Tax Act, 1961 is not reflected in the online system, there cannot remain any consequent grievances on account of the said intimation.

Benefit u/s 11 available as assessee not driven from primary objective

November 16, 2022 942 Views 0 comment Print

ITAT Jaipur held that as the assessee is not driven primarily by desire or motive to earn profits but to do charity through advancement of an object of general public utility hence proviso to Sec.2(15) of the Act is therefore not applicable and accordingly assessee is entitled to benefits of section 11 of the Income Tax Act.

Disallowance of Foreign Tax Credit for delay in filing of Form 67 is untenable

November 14, 2022 12855 Views 3 comments Print

ITAT Jaipur held that filing of Form 67, for claiming Foreign Tax Credit, is a procedural requirement and violation of procedural norms doesn’t extinguish the substantive right of claiming the credit of Foreign Tax.

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