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ITAT Jaipur

Transfer of capital assets not completes if Terms & Conditions of agreement not performed by both parties

October 21, 2015 1481 Views 0 comment Print

ITAT Jaipur held In the case of ITO vs. Alok Mukherjee that where both the parties not performed terms & conditions of the agreement to sale in prescirbed time and prescribed maneeer, it is breach of contract, so it will not be a transfer of property on the date of such agreement.

In absence of any material change revenue cannot take a view different from earlier view

October 21, 2015 636 Views 0 comment Print

M/s. Bajrang Wire Products (India) Pvt. Ltd. Vs. The Addl. CIT (ITAT Jaipur) In the present case the matter before the ld. CIT (A) was payment of interest for the A.Y. 2006-07 and also for A.Y. 2008-09. In both the matters, the interest was restricted by the AO to 12%

In absence of any unilateral or bilateral w/off, no addition sustainable on account of cessation of liability

October 21, 2015 1353 Views 0 comment Print

ITAT Jaipur held In the case of M/s Brothers Pharma Pvt. Ltd. vs. ITO that the case laws referred by the CIT (A) are squarely distinguishable on the ground that there was a written off either by the assessee or bilaterally

AO cannot disallow expenses on estimation basis without verification of genuineness

October 21, 2015 10988 Views 0 comment Print

ITAT Jaipur held In the case of Balbir Singh vs, ACIT that it is not open for the AO to make addition on estimation basis without verifying that said expenses are genuine or not. Mere fact that payments were made in cash on self made vouchers

Section 10B: Duty Drawback is not the income derived from undertaking

October 15, 2015 21918 Views 0 comment Print

ITAT Jaipur held in case of ACIT Vs. Smt. Ranjana Johari that if change made in the wooden article which resulted in to a new and different article then it would amount to manufacturing activity. The assessee, Ranjana Johari, had undertaken different activities to shape up

Valuation as per deeming provision u/s 50C not applicable on mere transfer of rights in land

October 9, 2015 2291 Views 0 comment Print

ITAT Jaipur held In the case of ITO vs. Tara Chand Jain that the right in land cannot be equated with the land or building. Therefore, it is concluded that section 50C is applicable to transfer of capital asset only in respect of land or building or both and is not applicable to right in land. In the present case

Section 50C not applicable on sale of rights in land

October 9, 2015 4171 Views 0 comment Print

ITAT Held in ITO vs Tara Chand Jain that the amendment in sec 50C which inculcates word assessable would have prospective effect from the date of its insertion i.e from 01-10-2009 and would not have retrospective effect on the sale of property before 01-10-2009

Reassessment u/s 147 is void if reasons for reopening not provided despite specific request of assessee

October 9, 2015 1691 Views 0 comment Print

ITAT Jaipur held In case of ACIT vs. Shri M.R. Seetharam that it is mandatory that Assessing Officer should furnish the copy of the reasons recorded for initiation of re-assessment proceedings under Section 147 exactly as it is recorded by the Assessing Officer.

Deduction u/s 54F available on residential house irrespective of size of house used as residence or by whom it is being resided

October 9, 2015 3570 Views 0 comment Print

ITAT Jaipur held In the case of Seema Singh Beniwal vs. DCIT that there is no restriction that what percentage of the size of flat should be used for residential purposes under the Income Tax Act. It is clarified by the CBDT that purchase of plot of land is a part of residential house for claiming of deduction U/s 54F.

No Penalty for Doubtful addition U/s. 41(1) of Income Tax Act, 1961

October 1, 2015 3985 Views 0 comment Print

Smt. Sumitra Devi Agarwal Vs. ITO (ITAT Jaipur)- The AO has questioned the genuineness of the liability and in absence of the requisite confirmation, has held the same to be a bogus liability. Where the liability itself has been held to be a bogus liability, where is the question of remission or cessation thereof.

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