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ITAT Jaipur

Interest received from Jaipur Central Co-op Bank eligible for section 80P(2)(d)deduction

October 15, 2020 1971 Views 0 comment Print

The issue under consideration is whether the interest received by the assessee from the Cooperative Bank is eligible for deduction under section 80P(2)(d) of the Income Tax Act?

AO cannot challenge or change method of valuation opted by assessee as per his whims & fancies

October 9, 2020 3483 Views 0 comment Print

Nabh Multitrade Pvt. Ltd. Vs ITO (ITAT Jaipur) There is no dispute that during previous year relevant to assessment year under consideration the assessee issued 37,500 equity shares of Rs. 10/- each for a price of Rs. 200/- each which includes the share premium of Rs. 190/- per share. To substantiate the value of equity […]

Order passed without disposing objections against section 148 notice was invalid

October 6, 2020 10056 Views 0 comment Print

Girraj Prasad Gilara HUF Vs ITO (ITAT Jaipur) The revenue has not disputed that the assessee has raised the objections vide letter dated 19th July, 2016 against the notice issued under section 148 of the IT Act. Assessee has raised the objections against the reopening of the assessment on the ground that there is no […]

No default due to Non Deduction of TDS on Interest where Form 15G is Submitted

September 29, 2020 1071 Views 0 comment Print

The issue under consideration is whether assessee is considered as assessee in default u/s 201(1) and 201(1A) for non-deduction of TDS?

Additions for unexplained cash cannot be made solely based on section 132(4) statements

September 15, 2020 4119 Views 0 comment Print

Jewels Emporium Vs ACIT (ITAT Jaipur) From the record, we found that as on the date of search, the books of account of M/s Jewels Emporium were incomplete and the printouts of cash books as taken by the search team did not reflect the true and correct balance available which is made part of the […]

Addition for Bonus shares – Section 56(2)(vii)- ITAT explains Law

September 15, 2020 4161 Views 0 comment Print

DCIT Vs Veena Goyal (ITAT Jaipur) As per the provisions of the section 56(2)(vii)(c)(i), any property other than immovable property is transferred for a consideration which is less than the aggregate fair market value of the property by an amount exceeding Rs. 50000/-, the aggregate fair market value of such property as exceeds such consideration […]

Differential Sales Tax paid for non-deposit of forms is allowable as deduction

September 15, 2020 4095 Views 0 comment Print

Gem Electro Mechanicals Pvt. Ltd. Vs ACIT (ITAT Jaipur) Since there was delay in depositing the aforesaid amount of sales tax, therefore, the assessee was made to deposit interest amounting to Rs. 2,71,826/- on such delayed payment of sales tax amount and Rs. 3,152/-on delayed payment of Excise/Custom Duty & Service Tax. The AO during […]

In case of unaccounted sales only profit therefrom can be taxed

September 15, 2020 12126 Views 1 comment Print

Nawal Kishore Soni Vs ACIT (ITAT Jaipur) It is evident from entries found in cash book of Ram Kumar Soni and from statement recorded from assessee in course of survey that assessee purchased gold in period of demonetization which was obviously for sale to persons on receiving cash from them as the same is normal […]

Income already disclosed under PMGKY, 2016 cannot be treated as Unexplained Income u/s 68

September 15, 2020 1272 Views 0 comment Print

The issue under consideration is whether the CIT(A) was right in deleting the addition made by the AO on account of unexplained investment in purchase of gold?

AO cannot treat Share Premium as Bogus without proper investigation

September 14, 2020 2232 Views 0 comment Print

ITO Vs. Aravali Prime Consultants Pvt. Ltd. (ITAT Jaipur) In this case, it is noted that the AO during the course of assessment proceeding made the addition of Rs. 2,63,15,000/- (138500 shares x Rs. 190 per share) on account of share premium received on issue of shares by the assessee company. Thus the AO observed […]

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