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ITAT Jaipur

DDT cannot be charged to tax in a different year merely for Mistake of Assessee

October 22, 2017 5790 Views 0 comment Print

M/s Drawmet Wires Pvt. Ltd. Vs. ACIT (ITAT Jaipur) It is settled proposition of law that DDT is chargeable only in the year when it is declared, distributed or paid and not prior to that. In the case on hand the assessee has produced all relevant record to show that the dividend was proposed by […]

Section 54F exemption cannot be denied for start of construction prior to transfer of original asset or for construction on commercial land

October 5, 2017 5253 Views 0 comment Print

Merely because construction of new house was started prior to transfer of original asset, deduction under section 54F cannot be denied, if the construction was completed within three years of transfer.

Section 50C not applies if Assessee invests entire sale consideration in new house property U/s. 54F

September 28, 2017 4761 Views 0 comment Print

Provision of section 50C(1) of the Act are not applicable to section 54F for the purpose of determining the meaning of full value of consideration.

Books of accounts cannot be rejected merely at the instance of assessee

September 18, 2017 6198 Views 0 comment Print

During the course of assessment proceedings, in response to each of the queries raised by the assessing officer in relation to observations of the special auditor, the assessee has repeatedly stated that his books of account should be rejected as done in past assessment years.

Addition for unexplained cash deposits justified if explanation furnished by assessee not verifiable

September 6, 2017 4857 Views 0 comment Print

AO was justified in making addition under section 68 on account of unexplained cash deposits found in bank account in case having regard to the human probabilities and normal course of human conduct, explanation offered by assessee was not wholesome, credible and verifiable.

Notice under section 143(2) has to be served within stipulated time

July 27, 2017 6756 Views 1 comment Print

According to section 143(2) of the Income Tax Act, 1961(for short the Act), where a return has been furnished under section 139 of the Act, or in response to a notice under section 142(1) of the Act, the Assessing Officer(AO) or the prescribed income-tax authority, as the case may be, if, considers it necessary or expedient to ensure that the assessee has not understated the income

No penalty for claim of depreciation at higher rate on UID Kit under bonafide belief

July 11, 2017 711 Views 0 comment Print

Where assessee, under a bona fide belief that UID kit being a part of computer claimed depreciation at 60%. Tribunal held that disallowance of claim would not result in levy of penalty under section 271(1)(c).

Power of Attorney Holder cannot be assessed for Capital Gain

July 10, 2017 36549 Views 0 comment Print

Power of attorney is not an instrument of transfer in regard to any right, title or interest in any immovable property. The power of attorney is a creation of an agency whereby the grantor authorizes the grantee to do acts specified therein, on behalf of grantor, which when executed will be binding on the grantor […]

Assessee cannot be taxed for money received as power of attorney of land owner

July 10, 2017 5643 Views 0 comment Print

Gyan Chand Agarwal Vs Addl. CIT (ITAT Jaipur) The issue in this ground is whether the sale consideration of the land belonging to Shri Sultan Meena can be taxed in the hands of the assessee, who is admittedly Power of Attorney holder of Shri Sultan Meena. There is no dispute with regard to the fact […]

Penalty cannot be imposed for delay in TDS return filing for non availability of PAN

May 24, 2017 3912 Views 0 comment Print

This is an appeal filed by the assessee against the order of Ld. CIT(A) – III, Jaipur dated 19.02.2016 for A.Y. 2011- 12 wherein the assessee has challenged the levy penalty of Rs. 1,02,400/- u/s 272A(2)(K) of the Act.

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