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ITAT Jaipur

Amendment to Section 36(1)(va) by Finance Act, 2021 applies to AY 2021-22 & subsequent AYs

December 23, 2021 5862 Views 0 comment Print

Jai Enterprises Vs DCIT (ITAT Jaipur) In the  instant case, admittedly and undisputedly, the employees’ contribution to ESI and PF collected by the assessee from its employees have been deposited well before the due date of filing of return of income u/s 139(1) of the Act. Further, the ld D/R has referred to the explanation […]

CIT sanction without application of judicious mind is invalid- section 151

December 22, 2021 3798 Views 0 comment Print

Since in the present case, the sanction was accorded by the ld. CIT in a purely mechanical manner without application of judicious mind, therefore, the sanction so accorded cannot be held to be a proper and valid sanction within the meaning of Section 151 of the Act

ITAT deletes addition for cash deposit bank as same were duly explained by Assessee

December 8, 2021 5079 Views 0 comment Print

Sunil Mathur Vs ITO (ITAT Jaipur) The issue under consideration relates to source of cash deposits during the year in the two bank accounts maintained by the assessee amounting to Rs 13.5 lacs. In this regard, firstly, it is noted that during the year under consideration, the assessee has sold a property and consideration thereof […]

ITAT denies Section 54F exemption on 3 properties situated in different parts of City

November 23, 2021 852 Views 0 comment Print

Rakesh Garg Vs ITO (ITAT Jaipur) As per the details of the three properties in which the assessee has claimed to have invested sale consideration of the land in question, only one property i.e. at sl. no. 1 of the list reproduced in para ‘6’ above is a constructed house and two others are only […]

Reopening of assessment u/s 147 without tangible material is unsustainable in law

November 17, 2021 4020 Views 0 comment Print

Shujaat Ali Khan Vs ITO (ITAT Jaipur) Facts- Case of the assessee was reopened u/s 147 and notice u/s 148 was issued. The assessment U/s 143(3) r.w.s 147 was completed after making addition of Rs. 7,71,826/- being alleged undisclosed short-term capital gain on alleged sale of immovable property after invoking Section 50C of the Act. […]

Books cannot be rejected by AO for mere decline in gross profit

November 11, 2021 1389 Views 0 comment Print

Shri Sanjay Agarwal Vs ITO (ITAT Jaipur) In this case, the AO has rejected the books of accounts and has estimated G.P. rate of 0.69% on declared turnover as against G.P rate of 0.38% declared by the assessee and made a trading addition of Rs. 49,56,217/- in the hands of the assessee. The AO has […]

No Disallowance if employee’s contribution towards ESI & PF paid before due date of filing of income tax return

November 9, 2021 82044 Views 0 comment Print

Shashi Rajawat Vs ITO (ITAT Jaipur) In the instant case, admittedly and undisputedly, the employees’ contribution to ESI and PF collected by the assessee from its employees have been deposited well before the due date of filing of return of income u/s 139(1) of the Act. Further, it is noted that the ld CIT(A) has […]

No section 271D Penalty on wife for receiving money from husband for purchase of family property

October 29, 2021 4326 Views 0 comment Print

Penalty under section 271D could not be levied on wife for receiving money from her husband for purchase of family property as practice of registering the property in name of the wife was guided by various family and societal factors besides encouragement of the Government for such transactions entered into by female members in the family by way of reduced stamp duty and she had offered reasonable explanation justifying the cash transactions

‘Sufficient cause’ should be liberally interpreted for condonation of delay

October 26, 2021 3330 Views 0 comment Print

If the party who is seeking condonation of delay has not acted in malafide manner and reasons explained are factually correct then the Court should be liberal in construing the sufficient cause and lean in favour of such party.

Section 43CA applies when a registered document is executed

October 22, 2021 7137 Views 0 comment Print

Spytech Buildcon Vs ACIT (ITAT Jaipur) As per sub-section (3) and (4) of section 43CA, the benefit of prior agreement is granted if the consideration is received at the time of agreement other than cash. In the case in hand, the booking is claimed to have been made prior to 01/04/2013 whereas the sale deeds […]

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