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ITAT Jaipur

Income from sale of Agricultural Land after plotting is business Income

February 22, 2018 20103 Views 1 comment Print

Ramswaroop Saudagar Vs ITO (ITAT Jaipur) Although the land was agricultural land and situated in the limits of city of Dausa. It was developed into 23 plots of various sizes and sold during the year. The nature of land had gone irreversible change from agricultural to residential plots, therefore, we are agree with the finding […]

Interest on FDRs to avail OD facilities for remuneration to partners?

February 21, 2018 1263 Views 0 comment Print

ITO Vs Suresh Chand Ravi Datt (ITAT Jaipur) There is not dispute that the business of the assessee dealing in food grains, oil seeds and pulses etc is a seasonal business depending upon crop seasons. Therefore, during the non harvesting season the assessee is not having much business activity and accordingly the funds which are […]

Provisions of Deemed Dividend not applicable to Capital Subsidy/Grant

February 9, 2018 2010 Views 0 comment Print

झrovision of S. 2(22)(e) along with its Explanations – 2 as stood at the relevant point of time, shall only mean that the expression accumulated profits shall only include all the profits of the company up to the date of distribution which are normal revenue profits

No reassessment merely for non reflection of ITR filed manually in IT system

February 7, 2018 3204 Views 0 comment Print

In ground No. 1 of the appeal, the assessee has challenged the initiation of proceedings u/s. 147 of the Act for deposition of cash of Rs. 1057000 in the saving bank account during the financial year 2006-07 based on AIR Information and not filing of return of income by the assessee.

Deeming provisions of section 292BB not applies to Non-issuance of notice U/s.143(2)

February 6, 2018 2262 Views 0 comment Print

Kamla Devi Sharma Vs ITO (ITAT Jaipur)  Non-issuance of notice under section 143(2) was not a procedural error which could have been corrected in the wake of deeming provisions of section 292BB. Thus, assessment completed under section 143(3) read with section 147 was quashed. FULL TEXT OF THE ITAT JUDGMENT This is an appeal filed […]

Deduction U/s. 80P(2)(d) eligible to Co-operative society on Interest from co-operative banks despite not providing credit facilities to members

January 31, 2018 51222 Views 1 comment Print

There is no condition for co-operative society to be engaged in the activity of providing credits to the members or banking business for availing of the deduction under section 80P(2)(d).

Deduction U/s. 54F cannot be denied for construction of house on land owned by mother

January 25, 2018 12252 Views 0 comment Print

Merely because the new house is constructed on a plot of land owned by the mother of the assessee will not disentitle the assesee for claim of deduction u/s 54F of the Income Tax Act.

S. 2(47) | Holding period | Time of agreement to sale vs. execution of sale deed

January 25, 2018 4299 Views 0 comment Print

Holding period for purpose of transfer u/s 2(47) was to be considered from the time of agreement to sale instead of execution of sale deed

Interest-free loan to sister concern- Sufficient own funds-No Disllowance can be made

January 17, 2018 5499 Views 0 comment Print

Undisputedly, interest-free funds available with assessee were far in excess of amount advanced to sister concern and a presumption would arise in favour of the assessee that interest-free funds had been utilized for advancing interest free loan to the sister cocnern, therefore, disallowance of deduction under section 36(1)(iii) was not justified.

Assessee needs to discharge initial onus in case of Commission to Related Party

January 17, 2018 2406 Views 0 comment Print

LOAN AND ADVANCES –Interest free funds available with the assessee is in excess of amount advanced to sister concern. There is no nexus between the interest bearing funds and the money so advanced to sister concern which has been established by AO. In view of the same, a presumption will arise in favour of assessee that interest free funds have been utilized for advancing such advance to sister concern. 

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