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ITAT Jaipur

Non-reflection of intimation u/s 143(1) on tax portal invalids the consequent grievance

November 17, 2022 2571 Views 0 comment Print

ITAT Jaipur held that since the intimation under section 143(1) of the Income Tax Act, 1961 is not reflected in the online system, there cannot remain any consequent grievances on account of the said intimation.

Benefit u/s 11 available as assessee not driven from primary objective

November 16, 2022 1068 Views 0 comment Print

ITAT Jaipur held that as the assessee is not driven primarily by desire or motive to earn profits but to do charity through advancement of an object of general public utility hence proviso to Sec.2(15) of the Act is therefore not applicable and accordingly assessee is entitled to benefits of section 11 of the Income Tax Act.

Disallowance of Foreign Tax Credit for delay in filing of Form 67 is untenable

November 14, 2022 13281 Views 3 comments Print

ITAT Jaipur held that filing of Form 67, for claiming Foreign Tax Credit, is a procedural requirement and violation of procedural norms doesn’t extinguish the substantive right of claiming the credit of Foreign Tax.

Addition based on PEN drive data without checking its veracity is unsustainable

November 11, 2022 3900 Views 0 comment Print

ITAT Jaipur held that addition solely on the basis of PEN drive found during the search proceedings, without checking the veracity/ reliability of the data recorded in the PEN drive, is unsustainable in law.

Section 271F penalty not applicable if Income was below taxable limit

November 7, 2022 8268 Views 0 comment Print

Kanhaiya Lal Lalwani Vs ITO (ITAT Jaipur) It is noted that the cost of acquisition of plot as per the assessee was Rs. 555/- purchased on 16-04­-1999 and thereafter addition/ improvement of Rs.3,41,000/- was made. In my view, if these benefits were allowed to the assessee then in that eventuality the capital gain arose on […]

ITAT imposes cost on Assessee for Casual & Cavalier Attitude of Assessee

November 6, 2022 1260 Views 0 comment Print

Reetesh Kumar Vs ITO (ITAT Jaipur) Bench observed that both the lower authorities had dismissed the appeal of the assessee ex-parte for want of non-appearance during the course of hearing.  In view of the request of the ld. AR of the assessee, the appeal of the assessee is restored to the file of the AO […]

Proper service of notice is vital for imposition of section 271(1)(b) penalty

November 6, 2022 1053 Views 0 comment Print

We are of the view that proper service of notice is vital for imposition of penalty under section 271(1)(b). In this regard, we draw reliance in case of CIT vs. Har Parshad (1990) 49 Taxman 168 (P&H).

ITAT deletes section 14A disallowance enhanced by CIT(A)

October 27, 2022 1389 Views 0 comment Print

Geetanjali Hotels & Promoters Pvt. Ltd. Vs ACIT/DCIT (ITAT Jaipur) It is noted from the record that the assessee company is engaged in the business of Hotel Industries and Toll Tax Collection. During the course of assessment proceedings, the AO noted that the assessee company had debited the interest expenses amounting to Rs. 4,23,15,400/-. During the […]

Monetary Appeal filing limit – Stay does not mean end of Income Tax prosecution

October 27, 2022 1647 Views 0 comment Print

Merely granting of stay does not mean that prosecution launched by Department has come to an end and appeal cannot be dismissed on account of low tax effect,

Equalization levy not applicable on person merely acting as conduit

October 14, 2022 2232 Views 0 comment Print

ITAT Jaipur held that equalization levy not applicable as role of the assessee is merely conduit between the entity carrying out the advertisement and Google. The ultimate benefit of such advertisement is not desired by the assessee.

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