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ITAT Jaipur

Violation of FCRA Act without specifying provision cannot be ground to reject application for registration u/s. 12AB

February 4, 2025 381 Views 0 comment Print

ITAT Jaipur held that rejection of application in Form 10AB for registration under section 12AB of the Income Tax Act alleging violation of FCRA Act without specifying the relevant provision is unsustainable in law. Accordingly, matter remanded back to CIT(E).

No TDS u/s 194H as amount retained by e-commerce platforms were service fees and not commissions

February 3, 2025 279 Views 0 comment Print

Assessee was not liable to deduct TDS under section 194H as relationship between e-commerce platform and  assessee was not of an agency but that of two independent parties on principal to principal basis.

Reasons advanced by CIT (E) in rejecting registration u/s 12AB are curable: ITAT remanded matter

January 30, 2025 123 Views 0 comment Print

Registration u/s 12AB was rejected on the ground of non-registration in Rajasthan Public Trust Act, 1959 and further, on account of non-genuineness of activities. Furthe grant of 80G was also denied on the abovementioned grounds.

Limitation for Section 263 Starts from Original Assessment Date if issues under review not pertain to reassessment

January 29, 2025 405 Views 0 comment Print

Analysis of ITAT Jaipur’s decision in Shiv Vegpro Pvt. Ltd. Vs PCIT, addressing Section 263, delay condonation, and tax assessment disputes for AY 2017-18.

Section 263 notice is invalid if the original order ceases to exist: ITAT Jaipur

January 29, 2025 1149 Views 0 comment Print

Detailed analysis of the ITAT Jaipur decision in Dinesh Kumar Chaurasia Vs ACIT on unexplained investments, Section 263 jurisdiction, and procedural lapses.

Addition merely based on retracted statement cannot be sustained: ITAT Jaipur

January 29, 2025 594 Views 0 comment Print

ITAT Jaipur held that addition towards unexplained cash credit under section 68 of the Income Tax Act merely based on retracted statement cannot be sustained. Accordingly, appeal of the revenue dismissed.

No further addition required when cash in books are more than physical cash: ITAT Jaipur

January 22, 2025 168 Views 0 comment Print

ITAT Jaipur held that when the cash found in books are more then physically found no further addition is required to be made in the hands of the assessee. Accordingly, addition towards unexplained cash set aside.

Disallowance U/S 40A(3) Deleted: Genuineness & Identity of receiver Proven

January 21, 2025 7185 Views 0 comment Print

ITAT Jaipur held that disallowance of cash payment under section 40A(3) of the Income Tax Act deleted since genuineness of the transactions and the payment and identity of the receiver are established. Accordingly, appeal allowed.

Litigant not permitted to blame advocate for delay in filing of appeal: ITAT Jaipur

January 16, 2025 102 Views 0 comment Print

ITAT Jaipur held that the litigant cannot be permitted to throw the entire blame on the head of the consultant or Advocate and disown himself or herself at any time to seek relief for condonation of delay. Accordingly, cost imposed for procedural delay.

Decision of jurisdictional HC is binding precedent: ITAT Jaipur

January 16, 2025 165 Views 0 comment Print

Assessee is a co-operative Bank. Assessment was completed u/s 143(3) at Rs. 7, 86, 05,056/- after allowing a claim of Rs.23,27,543/- towards contribution towards PACS development fund as business expenditure.

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