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ITAT Jaipur

Penalty u/s 271AAB not leviable on income surrendered during search

July 17, 2023 2625 Views 0 comment Print

ITAT Jaipur held that income surrendered during the course of search cannot be said to qualify as an undisclosed income in the context of section 271AAB read with the explanation thereto and hence penalty u/s 271AAB of Income Tax Act not leviable.

ITAT Imposes Cost for Non-Compliance of Notices (Disregard of Quasi-Judicial Authority)

July 17, 2023 993 Views 0 comment Print

Unraveling the case of Gopal Singh vs ITO, in which ITAT calls out the disregard of quasi-judicial authority. Understand the key facts, analysis, and implications of this significant ITAT ruling.

Ex-parte order passed without considering submission is non-speaking order

July 14, 2023 3348 Views 0 comment Print

ITAT Jaipur held that ex-parte order passed without considering and dealing with the submission of the assessee is a non-speaking order. Accordingly, matter remanded.

Penalty Dropped for Non-Auditing Due to Bona Fide Belief in Audit Inapplicability

July 14, 2023 1227 Views 0 comment Print

An ITAT ruling in the case of Bhartiya Shiksha Prachar Samiti vs DCIT highlights the application of Section 11 of the Income Tax Act and its implications for auditing requirements. Learn more about the details and impacts of this landmark case.

Capital gain not computable on execution of sale deed in favour of daughter-in law

July 11, 2023 12009 Views 0 comment Print

ITAT Jaipur held that capital gain not computable in respect of sale deed executed in favour of daughter-in law as it is only a gift to close relative and not a sale.

Addition u/s 153A without jurisdiction as no incriminating material found during search

June 26, 2023 1503 Views 0 comment Print

Held that in the absence of any incriminating material found or seized during the course of search and seizure proceedings, the additions made by the AO during the course of reassessment under section 153A of the Income Tax Act are without jurisdiction.

Contract money and compensation on delayed payment is business income

June 19, 2023 2013 Views 0 comment Print

In ITO vs. Late Shri Chandi Ram, ITAT Jaipur upheld CIT(A)’s decision, recognizing arbitration and interest receipts from contracts executed in AY 1989-90 & 1990-91 as business income, taxable in AY 2012-13. Based on the jurisdictional High Court’s ruling, a net profit rate of 8.5% was applied, aligning with Supreme Court’s precedent on interest from delayed contract payments.

ITAT orders re-adjudication for penalty under Section 271(1)(c) without proper hearing

June 19, 2023 357 Views 0 comment Print

ITAT Jaipur in Yogendra Khandelwal Vs ACIT, mandates re-adjudication for penalty imposed under Section 271(1)(c) without adequate hearing.

Referring to TPO u/s 92CA invalid post omission of clause (i) of Section 92BA

June 16, 2023 1734 Views 0 comment Print

ITAT Jaipur held that referring impugned domestic transaction to TPO u/s 92CA is invalid in view of omission of clause (i) of section 92BA vide Finance Act, 2017.

Employees of PSU not eligible to claim 100% exemption u/s 10(10AA)

June 16, 2023 4464 Views 0 comment Print

ITAT Jaipur held that 100% exemption u/s. 10(10AA) denied as employees of Public Sector Undertaking (PSU) and Nationalized Banks or other Institutions which are classified as ‘State’ cannot be assumed the status of Central Government and State Government employees.

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