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ITAT Jaipur

Mere signing against a particular column of format is nothing but a mechanical approval

November 25, 2019 1959 Views 0 comment Print

Ld. CIT acted mechanically in order to discharge his statutory obligation when he merely wrote on the format Yes, I am satisfied. In the case in hand, the Id. CIT has even not written any affirmative sentence or word but has just signed against the column which was pre-typed Yes.

Section 10AA Deduction allowable on enhanced profits after considering section 69C disallowance

November 4, 2019 3150 Views 0 comment Print

ITAT Jaipur ruling on Amrapali Exports Vs DCIT case. Can deduction u/s 10AA be claimed on enhanced profits after disallowance u/s 69C? Read now.

Rate of Interest is Irrelevant for disallowing interest U/s. 57(iii)

October 29, 2019 1368 Views 0 comment Print

The issue under consideration is whether the interest expense can be disallowed u/s 57(iii) on the ground that rate of interest paid was higher that rate of interest received in own case?

Mere cash Deposit in Bank Account prior to issue of cheque not sufficient to held Loan as non genuine

October 21, 2019 1677 Views 0 comment Print

ITAT states that, once the source of deposit is explained as prior withdrawal from the bank of more than the amount deposited subsequently then the creditworthiness of the creditor and genuineness of the transaction cannot be doubted.

Section 11/12 exemption cannot be denied for discrepancies in Unsecured Loan Verification

October 16, 2019 1440 Views 0 comment Print

The issue under consideration is whether denial of the exemption under section 11/12 due to various discrepancies found in verification of unsecured loans is justified in law?

Reopening of assessment for non-existent and factually incorrect reasons was invalid

October 10, 2019 2943 Views 0 comment Print

Shri Ram Mohan Rawat Vs ITO (ITAT Jaipur) Reasons recorded by the AO for formation of belief that income assessable to tax has escaped assessment are based on two counts. One, the assessee has made bogus purchases and the second, that the purchases are not verifiable as the as the  assessee has not filed the […]

Reassessment Proceeding completion without section 143(2) notice is invalid

October 10, 2019 2208 Views 0 comment Print

The issue under consideration is whether AO can issue notice under section 148 for re-assessment without issuing notice u/s 143(2)?

Unaccounted sales cannot be regarded as turnover for section 44AB

October 7, 2019 3774 Views 0 comment Print

Addition made by AO during the assessment proceedings on the basis of unaccounted sales cannot be regarded as the turnover for the purpose of section 44AB of the Act because the documents relied upon by AO are neither the part of books of account nor would substitute the books of account or constitute the books of account of the assessee regularly maintained.

Deduction u/s 57 allowed if nexus exist between income earned & amount expended

October 3, 2019 21156 Views 0 comment Print

Shri Kailash Chand Soni Vs ACIT (ITAT Jaipur) The issue under consideration is whether the addition on account of disallowance of interest expenses which are in accordance the provisions of section 57(iii) of the Income Tax Act, 1961 is justified in law? In the present case, the assessee has taken unsecured loans from various parties […]

Transaction of loan between two independent parties cannot be taxed in the hands of Broker to transaction

September 24, 2019 960 Views 0 comment Print

Shiv Prakash Bajaj Vs DCIT (ITAT Jaipur) It is not in dispute that the assessee surrendered a sum of Rs. 30.00 lass on account of incriminating material found during the search, therefore, the transaction of loan between two independent parties even if through the service of the assessee being broker cannot be thrust upon the […]

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