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ITAT Jaipur

No section 40A(3) disallowance on cash refund of excess money received on sale of goods

February 15, 2017 8901 Views 0 comment Print

This is an appeal filed by the Revenue against the order of Ld. CIT(A)-II, Jaipur dated 3.12.2013 for A.Y 2009-10 wherein the Revenue has taken following grounds of appeal

Oral statement cannot over ride documentary evidence; No addition on mere Statement

November 25, 2016 2358 Views 0 comment Print

AO was not justified to make addition solely on the basis of the statement of Shri Hanuman Yadav when there was a registered sale deed and more particularly when the maker of statement has not challenged the sale deed before any court of law.

As per Indian culture, competent members who work in business of family, are paid as others are paid

November 23, 2016 1420 Views 0 comment Print

It is natural in Indian culture that if the members of the family are competent to work in the business of the family, naturally they will be required to pay the minimum / the same compensation/benefit/incentive as other employees are paid.

S. 50C Difference upto 10% in Value given by Appellant & Dept Valuer-Ignore?

July 27, 2016 7297 Views 0 comment Print

Section 50C of the Income Tax act, 1961(herein referred to as the Act) has been inserted in the Act by the Finance Act, 2002, w.e.f. 1-4-2003. This section is causing hardships, in many cases, to the assessees since its inception. Many appeals are arising in respect of this section.

Auditor’s opinion on Section 80P Interpretation, cannot be a Information for Reopening U/s 147

June 16, 2016 4195 Views 0 comment Print

The case of assessee was reopened and the assessment under section 144 read with section 147 of the IT Act, 1961. While framing the assessment, the AO restricted the deduction claimed u/s 80P(2)(c)(i) of the Act and also confirmed the disallowance u/s 40(a)(ia) consequent to deposit

S.68 Assessee only required to provide evidence of identity & transactions

March 21, 2016 3412 Views 0 comment Print

The Jaipur bench of ITAT in the above cited case held that the assessee is only expected to produce the documentary evidences regarding the transaction and identity of the persons from whom it has accepted the deposits.

Consistent treatment made by assessee of share transactions cannot be disturbed by revenue

March 18, 2016 1913 Views 0 comment Print

The ITAT Bench Jaipur in the above cited case held that as per CBDT circular 6/2016 dated 29.02.2016 , if the assessee has treated the securities as investment and not as stock in trade earlier years,the revenue is not permitted to take a contrary view in the present year to claim that the security is stock in trade

Printing of Newspaper amounts to production & manufacture

November 20, 2015 4910 Views 0 comment Print

Rajasthan Patrikia Pvt. Ltd. vs. ACIT- ITAT Jaipur held that newspapers and periodicals are distinct commodity than the paper, printing ink and other ingredients used therein. Since a new commercial product comes into existence

Mere Lien over payment due to pending dispute does not result in cessation of trading liability u/s 41(1)

November 20, 2015 799 Views 0 comment Print

The ITO Vs Shri Radhey Shyam Agarwal (ITAT Jaipur) Once, there is an impending dispute between assessee and M/s. Laxmi Carpet Enterprises then it cannot be assumed that liability for payment has ceased

Expense allowed for earlier year cannot be disallowed in subsequent years if facts & circumstances are same

October 30, 2015 2348 Views 0 comment Print

ITAT Jaipur held in DCIT Vs. M/s Ashiana Ispat Ltd that if the facts and circumstances were same in the assesse’s own case of earlier years then, disallowance could not be made if the same was allowed in the earlier years by any appellate authority.

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