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ITAT Jaipur

Section 50C provision not applicable to section 54F exemption calculations

June 10, 2023 5898 Views 0 comment Print

ITAT Jaipur reinforces section 54F’s applicability, highlighting the distinction between actual sale consideration and stamp duty value for capital gains exemption, affirming the principle of real consideration over deemed value for investment in new assets.

Denial of Foreign Tax Credit merely because Form 67 furnished after due date of return filing is unjustified

June 8, 2023 4470 Views 0 comment Print

ITAT Jaipur held that denial of Foreign Tax Credit merely because Form 67 was filed after the due date of filing the return under section 139(1) of the Income Tax Act is unjustified and untenable in law.

Penalty u/s 271B not leviable as delay of one day due to technical letches is venial in nature

June 1, 2023 915 Views 0 comment Print

ITAT Jaipur held that penalty u/s 271B not leviable for mere delay of one day as such delay didn’t have any deliberate intention. The delay if any is on account the reasons on the technical letches on the portal and the same is venial in nature.

Addition on debatable and controversial issue is beyond the scope of section 143(1)

May 25, 2023 1812 Views 0 comment Print

ITAT Jaipur held that addition by way of adjustment and intimation u/s 143(1) of the Act on debatable and controversial issue is beyond the scope of Section 143(1) of the Income Tax Act.

Penalty u/s 271(1)(c) not leviable as addition made on account of difference of opinion

May 24, 2023 2931 Views 0 comment Print

ITAT Jaipur held that penalty u/s 271(1)(c) of the Income Tax Act not leviable as addition made on account of meager amount and on account of difference of opinion only.

Non-compliance due to receipt of notice in SPAM folder is sufficient cause for condonation of delay

May 24, 2023 2886 Views 0 comment Print

ITAT Jaipur held that non-compliance due to receipt of notice in SPAM folder is sufficient cause shown for the delay. Accordingly, delay of 223 days in filing of an appeal condoned.

Company Is a Separate Legal Entity despite Majority Shareholding / Directorship by Assessee

May 23, 2023 1521 Views 0 comment Print

Krishna Das Agarwal Vs DDIT/ADIT (Inv.) (ITAT Jaipur) Black Money Act – Company Is a Separate Legal Entity and The Assessee Cannot Be Held to Be Beneficial Owner Ipso-Facto Due to Majority Shareholding / Directorship.- FULL TEXT OF THE ORDER OF ITAT JAIPUR These bunch of five appeals consist of one appeal filed by the […]

There cannot be second round of Section 271(1)(b) penalty for same default

May 21, 2023 1866 Views 0 comment Print

ITAT Jaipur held that there cannot be a second round of penalty for same defaults. Accordingly, penalty imposed u/s 271(1)(b) of Income Tax Act for second time is unsustainable.

Order passed after due application of mind cannot be subjected to proceeding u/s. 263

May 12, 2023 1254 Views 0 comment Print

Shri Keshoraipatan Sahkari Sugar Mills Ltd. Vs PCIT (ITAT Jaipur) We find that the assessment was taken up for scrutiny under CASS to examine the deduction claimed chapter VIA for limited purpose and on this issue, there is finding of the ld. AO in the assessment order. Yet, learned PCIT has subjected the assessment order […]

No penalty on income voluntarily declared in ROI after receipt of section 148 notice

May 12, 2023 15978 Views 0 comment Print

Voluntary Income declared by assessee on its own i.e. without any detection cannot be considered as equivalent to providing inaccurate particulars of income or concealing particulars of Income

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