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ITAT Jaipur

ITAT allows Section 12AA registration to entity developing training & research centre to facilitate skill development

May 17, 2022 1212 Views 0 comment Print

Object to develop training and research centre to facilitate skill development to entire chain of work force engaged at various levels in garment and textile industry entitle for registration under provisions of Section 12AA.

ITAT deletes addition for difference in 26AS & book & surprised with addition by choose & pick

May 13, 2022 23505 Views 1 comment Print

Jeen Mata Buildcon Pvt. Ltd. Vs ITO (ITAT Jaipur) The ld. AR of the assessee argued that merely there is a difference in the 26AS and the books results, there cannot be an addition to returned income the books of account of the assessee duly audited. AO has not found any single defect in the […]

Interest income on FDR for business purposes is ‘Business Income’

May 9, 2022 4395 Views 0 comment Print

Interest income on FDR which was earned out of the funds placed with the bank by utilizing the bank overdraft limit was to be considered as business income and not as income from other sources.

Non-compliance due to change in Address- ITAT deletes section 271(1)(b) Penalty

May 3, 2022 1290 Views 0 comment Print

Asha Yadav Vs ITO (ITAT Jaipur) We are of the view that the AO had levied the penalty @ Rs. 10,000/- for non compliance of notices Under section 142(1) of the Act. As it was clear from the provisions of Section 271(1)(b) that this provision can be invoked only for non compliance of notice Under […]

Section 271(1)(c) Penalty not applicable for addition under 50C

May 2, 2022 4785 Views 0 comment Print

In this case AO has considered the full value consideration U/s 50C as against the actual sale consideration declared by the assessee. The increased of value by the AO in the full value consideration does not amount either concealment of particulars of income or furnishing inaccurate particulars of income.

Provision of section 56(2)(vii)(b) not invocable on purchase of agricultural land

April 24, 2022 18669 Views 0 comment Print

Clause (iii) of section 2(14) specifically excludes agricultural land of the description given therein from capital asset which means that agricultural land was outside 8 Km. of municipal limits. Accordingly, agricultural land purchased by assessee was not a capital asset and, therefore, section 56(2) (vii)(b) was not applicable to assessee’s case.

Section 56(2)(viii)(c)(ii) not applies to money/ property received from close relatives

April 23, 2022 2463 Views 0 comment Print

It is held that transaction within the family and close relative are covered by the proviso to section 56(2)(viii)(c) and there is no application of the said section for taxing the income under the head ‘Income from other sources’. The provisions of s. 56(2)(viii)(c)(ii) shall not apply in case of money or any property received from any close relative.

TDS not deductible on services rendered outside India by Non-Residents

April 21, 2022 61644 Views 0 comment Print

DCIT Vs JLC Electromet Pvt. Ltd. (ITAT Jaipur) In the present case, undisputed facts are that the commission has been paid to various non­resident entities in respect of sales affected by the assessee outside of India, the services have been rendered outside of India and the payments have been made outside of India. In light […]

ITAT condones 4 Years delay in filing Section 154 Rectification Application

April 19, 2022 3852 Views 0 comment Print

Bansal Propbuild Private Limited Vs CIT (ITAT Jaipur) The Bench observed that the assessee is engaged in agriculture produce and the same was sold during the year under consideration. However the AO has not treated as agriculture income. The assessee has filed application under Section 154 of the Act on 10.01.2019 mentioning therein that the […]

ITAT deletes disallowance of employees contribution towards PF & ESI paid belatedly

April 14, 2022 4491 Views 0 comment Print

The assessee filed its return of income on 15.10.2019 which was processed u/s 143(1) of the Act whereby an adjustment was made on account of disallowance of claim of deduction with respect to employees’ contribution towards PF and ESIC deposited belatedly.

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