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ITAT Jaipur

Section 234E Late filing fees for TDS return is Mandatory: ITAT

June 19, 2020 6009 Views 0 comment Print

The issue under consideration is whether the late filing fees for TDS return u/s 234E is mandatory in nature or it can be condone if there is reasonable cause?

No Capital Gain Tax if Consideration not Discharged by Purchaser

June 18, 2020 28572 Views 0 comment Print

whether the AO is correct in chargeing capital gain in the hands of assessee irrespective of the fact that the full consideration not received by the assessee?

Section 115BBE not applies if no Section 69 addition for undisclosed investments during Assessment

June 9, 2020 8037 Views 0 comment Print

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

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 2748 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 4875 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 807 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 4680 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 1566 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 10272 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 1353 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.

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