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ITAT Jaipur

No valid belief can be formed on the basis of incorrect/non-existing facts

December 21, 2020 2883 Views 0 comment Print

Prithvi Raj Singh Vs I.T.O. (ITAT Jaipur) We found that the assessee had declared capital gain income in return which clearly shows that there is non-application of mind on the part of the A.O. while recording the reasons as he did not consider the return furnished by the assessee wherein capital gain income has been […]

Assessment without issuance of notice U/s 143(2) is void ab-initio

December 21, 2020 5376 Views 1 comment Print

Smt. Gyatri Sharma Vs ITO (ITAT Jaipur) From the record, we also noticed that the A.O. has not stated either in the assessment order or in the ordersheets of the assessment proceedings that any notice U/s 143(2) of the Act was issued to the assessee. It is clear that there is no notice U/s 143(2) […]

No rejection of books of account if no specific defect pointed out by AO

November 25, 2020 1896 Views 0 comment Print

Rejection of books of accounts under section 145(3) was not justified as once the books of accounts had been prepared/recasted, AO could not go back to the stage of survey proceedings  to contend that since no books of accounts were available at that point in time, he would not consider the books of accounts so recasted/prepared and furnished subsequently.

Section 11 exemption on donation by a charitable trust to others for utilization towards charitable objects.

November 25, 2020 4467 Views 0 comment Print

Inter-trust donations from one charitable trust to another for utilization by the donee trust for charitable purposes was proper application of income for charitable purposes in the hands of the donee trust and it would not affect the exemption claimed as application by the Donor trust.

Interest received from Jaipur Central Co-op Bank eligible for section 80P(2)(d)deduction

October 15, 2020 1860 Views 0 comment Print

The issue under consideration is whether the interest received by the assessee from the Cooperative Bank is eligible for deduction under section 80P(2)(d) of the Income Tax Act?

AO cannot challenge or change method of valuation opted by assessee as per his whims & fancies

October 9, 2020 3072 Views 0 comment Print

Nabh Multitrade Pvt. Ltd. Vs ITO (ITAT Jaipur) There is no dispute that during previous year relevant to assessment year under consideration the assessee issued 37,500 equity shares of Rs. 10/- each for a price of Rs. 200/- each which includes the share premium of Rs. 190/- per share. To substantiate the value of equity […]

Order passed without disposing objections against section 148 notice was invalid

October 6, 2020 9516 Views 0 comment Print

Girraj Prasad Gilara HUF Vs ITO (ITAT Jaipur) The revenue has not disputed that the assessee has raised the objections vide letter dated 19th July, 2016 against the notice issued under section 148 of the IT Act. Assessee has raised the objections against the reopening of the assessment on the ground that there is no […]

No default due to Non Deduction of TDS on Interest where Form 15G is Submitted

September 29, 2020 861 Views 0 comment Print

The issue under consideration is whether assessee is considered as assessee in default u/s 201(1) and 201(1A) for non-deduction of TDS?

Additions for unexplained cash cannot be made solely based on section 132(4) statements

September 15, 2020 3648 Views 0 comment Print

Jewels Emporium Vs ACIT (ITAT Jaipur) From the record, we found that as on the date of search, the books of account of M/s Jewels Emporium were incomplete and the printouts of cash books as taken by the search team did not reflect the true and correct balance available which is made part of the […]

Addition for Bonus shares – Section 56(2)(vii)- ITAT explains Law

September 15, 2020 3930 Views 0 comment Print

DCIT Vs Veena Goyal (ITAT Jaipur) As per the provisions of the section 56(2)(vii)(c)(i), any property other than immovable property is transferred for a consideration which is less than the aggregate fair market value of the property by an amount exceeding Rs. 50000/-, the aggregate fair market value of such property as exceeds such consideration […]

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