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ITAT Jaipur

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

October 27, 2022 1677 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 2277 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.

Assessment completed after proper inquiry cannot be reframed without fresh evidence

October 8, 2022 1506 Views 0 comment Print

ITAT Jaipur held that assessment which are already completed after making proper inquiries cannot be allowed to again reframed merely based on the search without any fresh evidence. Addition unsustainable

Self certified copies of documents sufficient for claiming section 12AA exemption

October 4, 2022 5949 Views 0 comment Print

Rule 17A of Income Tax Rules, 1962 clearly explained that self certified copies of documents are sufficient for the claiming exemption under section 12AA

Interest cannot be disallowed if interest free funds exceed interest bearing funds

October 4, 2022 4935 Views 0 comment Print

Shri Narendra Kumar Khandelwal Prop. M/s Ranjana Textiles Vs ITO (ITAT Jaipur) Interest free funds available: The law is well settled that where assessee is having mixed i.e. interest free/interest bearing funds both, but where the interest free funds are larger than the interest free advances/utilization than there will a presumption that the interest free […]

ITAT upheld addition for cash paid for land not forming part of Agreement value

August 31, 2022 1440 Views 0 comment Print

Brijesh Sharma Vs DCIT (ITAT Jaipur) During the Assessment assessee submitted to the AO vide letter dated 12.11.2014 that the assessee had purchased a plot of land situated in Jaipur for disclosed consideration of Rs. 5,21,000/- which was paid by cheque. The AO issued summon u/s 131(2) the seller, Smt. Choti Devi. In her statement […]

Change of opinion by AO by requesting CIT to exercise 263 Section jurisdiction is not permitted

August 29, 2022 3672 Views 0 comment Print

Instantly, we are confronted with a situation in which the revision was initiated on the basis of the AO sending a proposal to the CIT and not on the CIT suo motu calling for and examining the record of the assessment proceedings and thereafter considering the assessment order erroneous and prejudicial to the interests of the revenue.

ITAT condones Delay in filing Appeal as Assessee was Imprisoned

August 29, 2022 2448 Views 0 comment Print

ITAT condone delay of 9 years in filing appeal  on account of inordinate delay of about 9 years as assessee was imprisoned to Jail

Income Tax Reassessment without supplying reason is Invalid

August 29, 2022 2721 Views 0 comment Print

Recording of reasons before initiation of reassessment proceedings & communication thereof to assessee is sine qua non that goes to root of matter

Addition of unexplained investment unsustained based on high status/family tradition & Streedhan

August 22, 2022 1230 Views 0 comment Print

Held that factors like high status, family tradition, deduction on account of purity and deduction towards Streedhan should be considered before making addition on account of unexplained investment. Accordingly, addition deleted.

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