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ITAT Jaipur

If section 69 not invoked by AO in Order u/s 143(3) then section 115BBE can’t invoked for rectification u/s 154

June 9, 2020 2715 Views 0 comment Print

whether CIT(A) is justified in quashing the action of the AO u/s 154 of the Act in applying provision of section 115BBE of the IT Act on undisclosed investment surrendered during the course of survey proceedings?

Section 56(2)(vii)(b) cannot be Invoked in case of Agricultural Land

June 8, 2020 4773 Views 0 comment Print

The issue under consideration is whether the provisions of section 56(2)(vii)(b) can be invoked in case of agricultural land where it doesn’t qualify as falling in the definition of capital asset?

AMP expense can’t be disallowed, Merely because Excess amount has been spent on Advertisement

June 8, 2020 798 Views 0 comment Print

Whether the TPO was legally justified in holding that AMP expenditure was not an international transaction even though the assessee was performing DEMPE functions for its AE and doing activity of brand building?

Assessee can claim Section 54F deduction during Section 147 Proceedings

June 2, 2020 4590 Views 0 comment Print

Whether AO is correct in rejecting the claim of assessee regarding the deduction u/s 54F, which was made first time during Reassessment Proceedings?

Reopening of assessment without bringing any fresh material on record is not justified

April 15, 2020 1548 Views 0 comment Print

Chordia Buildcon Pvt. Ltd. Vs DCIT (ITAT Jaipur) The issue under consideration is whether the action taken by the AO u/s 147 r.w.s 148 is justified in law? The case of assessee was originally selected for scrutiny and a detailed questionnarie was issued alongwith notice u/s 142(1). The AO asked specific queries with regard to […]

Condonation allowable for non-deliberate delay in filing of Form 27C declaration U/s. 206C(1A)

April 15, 2020 10194 Views 0 comment Print

Delay in filing declarations in Form 27C being a technical breach was thus condoned and the same were being admitted as there was substantial compliance with the requirement of filing the declarations.

Reopening based on mere AIR Information without Application of Mind is Invalid

March 18, 2020 1311 Views 0 comment Print

The issue under consideration is whether the re-opening of assessment u/s 147 by AO is justified in law? The reopening of the assessment by the AO is without application of mind and simply going by the information received as per AIR Data. Hence the reopening of the assessment is quashed being invalid.

Reopening of assessment merely based on AIR Data is invalid

March 18, 2020 3534 Views 0 comment Print

CIT (A) upheld the reopening of the assessment by recording the reasons on incorrect facts. Hence in the facts and circumstances of the case, we find that the reopening of the assessment by the AO is without application of mind and simply going by the information received as per AIR Data. Hence the reopening of the assessment is quashed being invalid.

Law Tax effect Circular- Income Tax Intelligence Wing is part of I-T Department

March 12, 2020 2976 Views 0 comment Print

ITO Vs Shri Habib Khan (ITAT Jaipur) The exception 10(e) of of Circular no. 03 of 2018 dated 20-08.2018 which has been referred by the ld DR 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 […]

No deduction for education expenses incurred prior to set up of business

March 11, 2020 3165 Views 0 comment Print

Assessee-sole proprietor was not eligible for a tax deduction for his own education expenses as the same could not be treated as business expenses and the point in time when the expenditure was incurred, the business of the assessee was not set up. 

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