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ITAT Jaipur

Section 254(2): ITAT cannot rectify any mistake not apparent from record

August 25, 2023 2697 Views 0 comment Print

Dive deep into case of DCIT Vs Suman Solanki, as ITAT Jaipur discusses its authority to rectify mistakes, amendments from Finance Act, 2021, and interpretation of Section 254(2).

Revisionary proceedings u/s 263 justified if no proper inquiry by AO

August 25, 2023 648 Views 0 comment Print

ITAT Jaipur held that invocation of revisionary proceedings u/s 263 of the Income Tax Act justified in absence of proper inquiry by AO which renders the assessment order erroneous as well as prejudicial to the interest of revenue.

Disallowance of expenditure by invoking provisions of section 154 unjustified

August 22, 2023 1788 Views 0 comment Print

ITAT Jaipur held that disallowance of expenditure by invoking rectification provisions of section 154 of the Income Tax Act is unjustifiable as the same is not mistake apparent on record.

Notice issued u/s 153C without valid satisfaction notice is bad-in-law

August 19, 2023 5508 Views 0 comment Print

ITAT Jaipur held that in absence of a valid satisfaction note the notice issued under Section 153C of the Income Tax Act 1961 is bad in law. Resultantly the assessment order passed u/s 143(3) r.w.s. 153C of the Act is void ab initio and liable to be quashed.

ITAT allows 25% reduction in DLC Rate considering restriction on use of land, Section 50C addition deleted

August 17, 2023 3312 Views 0 comment Print

Read about the ITAT Jaipur decision in Ajay Kumar Jain vs ITO case, allowing 25% reduction in DLC Rate due to land use restrictions. Section 50C addition deleted. Analysis and conclusion included

For Interest Calculation ‘month’ cannot be considered as per British calendar month: ITAT Jaipur

August 7, 2023 1950 Views 0 comment Print

The assessee company was engaged in business of trading and manufacturing of Bakery items. It filed its return on 12.03.2022 declaring total income of Rs. 14,22,15,640/-. During the year under consideration, assessee has made payment of Rs. 15,22,68,970/- on 16.02.2021 to M/s Everfoods Asia Pvt. Ltd.

Short-Term Capital Loss Addition Unsustainable: Transaction Not Bogus

August 7, 2023 1017 Views 0 comment Print

ITAT Jaipur held that addition towards short term capital loss treating it as bogus unsustainable as transaction of purchase and sale of shares done through banking channel and STT duly paid thereon.

ITAT deletes section 271F Penalty for Bona Fide ITR Filing Delay

August 6, 2023 2097 Views 0 comment Print

ITAT Jaipur lifts penalty for Mukesh Pathaks late ITR filing, deeming it a bona fide mistake with no revenue loss as proper tax was already paid.

Penalty u/s 271AAB not imposable as income not falls in undisclosed income category

August 5, 2023 4251 Views 0 comment Print

ITAT Jaipur held that imposition of penalty under section 271AAB of the Income Tax Act unsustainable as income does not fall in the category of undisclosed income.

Difference in closing stock emanating from preceding years cannot be attributed to year under consideration.

July 30, 2023 2703 Views 0 comment Print

ITAT Jaipur held that the difference in the closing stock is emanating from the difference in the working for the preceding years and that such difference cannot be attributed for the year under consideration. Accordingly, order not erroneous and jurisdiction of section 263 not invocable.

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