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ITAT Jaipur

Interest on delayed payment of TDS not allowable as business expenditure

September 1, 2020 75753 Views 0 comment Print

Govindam Clearing Agencies Pvt. Ltd Vs DCIT (ITAT Jaipur) AO had disallowed the interest and made an addition of Rs. 18,315/- on account of late deposit of TDS by the assessee. We find that the facts are undisputed that the assessee has claimed interest as expense incurred for delayed payment of TDS. We find that […]

Section 148 Notice to Legal heirs after expiry of limitation period is invalid

August 27, 2020 9081 Views 0 comment Print

Sh. Shambhu Dayal, Ravi Dutt, Gori Shankar Rajesh Rohit L/h Late Sh. Jhabar Mal (ITAT Jaipur) The undisputed facts are that the assessee, Shri Jhabar Mal Kumawat had expired on 10.10.2015 as noted by the AO in the assessment order. Thereafter, the reasons for reopening the assessment u/s 147 were recorded and after seeking approval […]

In absence of agreement SDV on First Digital Payment date can be adopted for Section 50C & 56(2)(x)

August 19, 2020 2970 Views 0 comment Print

The issue under consideration is whether the stamp duty valuation at the time of first digital payment can be adopted if the agreement to sale is lost or inaccessible for any reason whatsoever?

CPC TDS Wing is not an ‘External Agency’ for CBDT Circular

August 14, 2020 951 Views 0 comment Print

ITO Vs Ajmer Vidhyut Vitran Nigam Ltd (ITAT Jaipur) Exception 10(e) to the aforesaid CBDT Circular relates to cases where addition is based on information received from external sources in the nature of law enforcement agencies such as CBI/ ED/ DRI/ SFIO/ Directorate General of GST Intelligence (DGGI). In the instant case, the assessee has […]

Section 54F exemption allowable before Intra Head Adjustment of Losses

August 11, 2020 5214 Views 0 comment Print

whether it is lawful to first compute capital gain after doing intra head adjustments and whether the deductions u/s 54F should be allowed from the net income computed after intra head adjustments?

ITAT deletes Addition for wrong entry of cash deposit in bank

August 10, 2020 1239 Views 0 comment Print

ACIT Vs Dr. Radhey Shyam Garg (ITAT Jaipur) During the course of assessment proceedings, the AO noted that the assessee has deposited cash of Rs. 2,90,000/- in the Central Bank of India whereas on the said date i.e. 16.11.2015 there was a negative cash balance in the cash book of Rs. 1,01,773.84. The AO accordingly […]

No Addition against Individual family Member, for Gold/ Silver Belonging to Entire Family

August 3, 2020 1284 Views 0 comment Print

The issue under consideration is whether the addition can be made against an individual member of the family, even if the that gold in possession belongs to entire family?

Reopening after 4 years in absence of failure of Assessee to disclose fully & truly all material facts necessary for assessment is invalid

July 30, 2020 1395 Views 0 comment Print

ACIT Vs Shiv Vegpro Pvt. Ltd. (ITAT Jaipur) Reopening after 4 years in absence of failure of Assessee to disclose fully & truly all material facts necessary for assessment is invalid AO has even not mentioned as on what account or transactions the assessee has taken the accommodation entry from Shree Ram Trading Co. It […]

ITAT upheld Penalty u/s 271AAB(1) on Undisclosed Investment

July 24, 2020 1407 Views 0 comment Print

Pawan Mundra Vs DCIT (ITAT Jaipur) The issue under consideration whether AO is justified levying penalty under section 271AAB on failure to offer explanation about the source of the undisclosed investment in land? ITAT states that during course of post search proceedings, assessee admitted an income of Rs. 6,00,000 on account of undisclosed investment in […]

Section 271F penalty valid for not filing Return if Total Income before section 54 exemption exceeds maximum amount not chargeable to income-tax

July 21, 2020 9264 Views 0 comment Print

Shankar Lal Kumawat Vs ITO (ITAT Jaipur) Section 271F penalty valid for not filing Return if Total Income before section 54 exemption exceeds maximum amount not chargeable to income-tax Section 139(1)(b) provides that every person, being a person other than a company or a firm, if his total income or the total income of any […]

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