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ITAT Jaipur

No reassessment merely for Loan Advancement or Non filing of ITR

May 24, 2021 1776 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 795 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 663 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 4629 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 3135 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 8139 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 4155 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.

ITAT: Bank crisis ‘reasonable cause’ for not producing documents during assessment

March 1, 2021 585 Views 0 comment Print

Where the business of assessee was discontinued and the premises had been taken over by the Bank as part of its recovery proceedings, the crisis being faced upon consequent action taken by Bank was the reasonable cause which prevented assessee from submitting the requisite information/documents on the notices issued by AO and for remaining non complied with the same.

ITAT accepts submission of Appellant on Preponderance of probability test vis-a-vis bank account deposits

February 24, 2021 1080 Views 0 comment Print

Shri Praveen Kumar Vs ITO (ITAT Jaipur) As per facts of the present case, the assessee was student and studying for said period in Birla Institute of Technology as a regular student of M.Sc. Animation and Design and was tenant of Shri Abhishek Agarwal, who was into business of real estate in name and style […]

Section 54 benefit cannot be denied on installments paid prior to one Year window

February 15, 2021 4440 Views 0 comment Print

Prakash Pandharinath Bakre Vs PCIT (ITAT Jaipur) Benefit under section 54 is available to an individual who has transferred a long term capital asset being a ‘residential House Property’ and the assessee has either purchased one residential house in India within a period of one year before or two years after the date of transfer […]

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