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ITAT Jaipur

CPC TDS Wing is not an ‘External Agency’ for CBDT Circular

August 14, 2020 981 Views 0 comment Print

ITO Vs Ajmer Vidhyut Vitran Nigam Ltd (ITAT Jaipur) Exception 10(e) to the aforesaid CBDT Circular 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 of GST Intelligence (DGGI). In the instant case, the assessee has […]

Section 54F exemption allowable before Intra Head Adjustment of Losses

August 11, 2020 5604 Views 0 comment Print

whether it is lawful to first compute capital gain after doing intra head adjustments and whether the deductions u/s 54F should be allowed from the net income computed after intra head adjustments?

ITAT deletes Addition for wrong entry of cash deposit in bank

August 10, 2020 1380 Views 0 comment Print

ACIT Vs Dr. Radhey Shyam Garg (ITAT Jaipur) During the course of assessment proceedings, the AO noted that the assessee has deposited cash of Rs. 2,90,000/- in the Central Bank of India whereas on the said date i.e. 16.11.2015 there was a negative cash balance in the cash book of Rs. 1,01,773.84. The AO accordingly […]

No Addition against Individual family Member, for Gold/ Silver Belonging to Entire Family

August 3, 2020 1371 Views 0 comment Print

The issue under consideration is whether the addition can be made against an individual member of the family, even if the that gold in possession belongs to entire family?

Reopening after 4 years in absence of failure of Assessee to disclose fully & truly all material facts necessary for assessment is invalid

July 30, 2020 1458 Views 0 comment Print

ACIT Vs Shiv Vegpro Pvt. Ltd. (ITAT Jaipur) Reopening after 4 years in absence of failure of Assessee to disclose fully & truly all material facts necessary for assessment is invalid AO has even not mentioned as on what account or transactions the assessee has taken the accommodation entry from Shree Ram Trading Co. It […]

ITAT upheld Penalty u/s 271AAB(1) on Undisclosed Investment

July 24, 2020 1443 Views 0 comment Print

Pawan Mundra Vs DCIT (ITAT Jaipur) The issue under consideration whether AO is justified levying penalty under section 271AAB on failure to offer explanation about the source of the undisclosed investment in land? ITAT states that during course of post search proceedings, assessee admitted an income of Rs. 6,00,000 on account of undisclosed investment in […]

Section 271F penalty valid for not filing Return if Total Income before section 54 exemption exceeds maximum amount not chargeable to income-tax

July 21, 2020 9900 Views 0 comment Print

Shankar Lal Kumawat Vs ITO (ITAT Jaipur) Section 271F penalty valid for not filing Return if Total Income before section 54 exemption exceeds maximum amount not chargeable to income-tax Section 139(1)(b) provides that every person, being a person other than a company or a firm, if his total income or the total income of any […]

Mere Expense on Electricity & Water bills won’t convert Status of Plot of Land into Residential Property

July 7, 2020 2658 Views 0 comment Print

The issue under consideration is whether the expense on electricity and water bill will convert the status of plot of land into residential property and accordingly assessee will be eligible for deduction u/s 54?

Turnover in respect of speculative transactions & section 271B Penalty

July 3, 2020 11793 Views 0 comment Print

Santosh Kumar Vs ITO (ITAT Jaipur) Tribunal has considered the guidance note of ICAI in respect of the tax audit U/s 44AB of the Act wherein the turnover or gross receipt in respect of speculative transactions has been considered as some total of positive and negative outcome of the speculative transactions. This Tribunal in a […]

Section 234E late fees leviable despite existence of reasonable cause

June 24, 2020 4440 Views 0 comment Print

Government Secondary School Principal Officer Vs ACIT (ITAT Jaipur) The issue under consideration is whether the late filing fees u/s 234E can be deleted if there is a ‘reasonable cause’ for such default? In the present case, the assessee is the Principal of Secondary School and responsible for deducting tax at source, depositing the same […]

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