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ITAT Jaipur

Addition not valid when Cash Deposit is included in Turnover offered For Tax under Section 44AD

March 10, 2021 8889 Views 0 comment Print

Virender Kumar Vs ITO (ITAT Jaipur) It is noted that the assessee is in the diary business in the name and style of M/s Mohan Diary, Tijara and in pursuant to notice u/s 148, he has filed his return of income u/s 44AD declaring gross receipts from his diary business amounting to Rs 14,56,230/-. The […]

Only profit embedded in undisclosed turnover can be brought to tax

March 3, 2021 4698 Views 0 comment Print

ITAT Jaipur ruling on undisclosed turnover. Assessing Officer’s order upheld, subject to examination of declared gross profit rate. Legal analysis here.

ITAT: Bank crisis ‘reasonable cause’ for not producing documents during assessment

March 1, 2021 741 Views 0 comment Print

Where the business of assessee was discontinued and the premises had been taken over by the Bank as part of its recovery proceedings, the crisis being faced upon consequent action taken by Bank was the reasonable cause which prevented assessee from submitting the requisite information/documents on the notices issued by AO and for remaining non complied with the same.

ITAT accepts submission of Appellant on Preponderance of probability test vis-a-vis bank account deposits

February 24, 2021 1266 Views 0 comment Print

Shri Praveen Kumar Vs ITO (ITAT Jaipur) As per facts of the present case, the assessee was student and studying for said period in Birla Institute of Technology as a regular student of M.Sc. Animation and Design and was tenant of Shri Abhishek Agarwal, who was into business of real estate in name and style […]

Section 54 benefit cannot be denied on installments paid prior to one Year window

February 15, 2021 5493 Views 0 comment Print

Prakash Pandharinath Bakre Vs PCIT (ITAT Jaipur) Benefit under section 54 is available to an individual who has transferred a long term capital asset being a ‘residential House Property’ and the assessee has either purchased one residential house in India within a period of one year before or two years after the date of transfer […]

No addition for Duly explained cash deposit for mere non appearance of creditor

February 15, 2021 1968 Views 0 comment Print

Vishnu Prasad Vs DCIT (ITAT Jaipur) In the case of the assessee, (i) the identity of Shri Hanuman remains undisputed, as the summons issued by the AO was duly served upon him, (ii) genuineness of the transaction is also proved (from books of accounts) beyond doubt, as amount paid as advance to him, duly appeared […]

No TDS on sales commission paid to non-residents for services rendered outside India

February 15, 2021 60591 Views 1 comment Print

The Hon’ble ITAT, Jaipur in Modern Threads India Limited v. ACIT (Income Tax Appeal Nos. 198/JP/2019 and 199/JP/2019 decided on February 15, 2021) has held that payment of sales commission by the assessee to non-resident agents for the services rendered outside India will not fall in the category of the income received or deemed to […]

No addition for duly supported Cash Gift from Relatives

February 2, 2021 4974 Views 0 comment Print

Sheela Yogi Vs ITO (ITAT Jaipur) Once the summons have been issued and these persons have appeared and given their statements before the AO wherein they have confirmed that they have advanced the amount to the assessee towards purchase of the agricultural land and has also disclosed the source of their earnings/savings, the assessee has […]

Credit in ‘bank account’ cannot be construed as credit in books under section 68

January 28, 2021 9384 Views 0 comment Print

Vishan Swaroop Gupta Vs ITO (ITAT Jaipur) Credit in the ‘bank account’ of an assessee cannot be construed as a credit in the ‘books’ of the assessee as per section 68 of Income Tax Act, 1961. We observe that credit in the ‘bank account’ of an assessee cannot be construed as a credit in the […]

ITAT deletes addition for cash seized which was duly explained by Assessee

January 28, 2021 3978 Views 0 comment Print

Om Prakash Karnani Vs. ACIT (ITAT Jaipur) Undisputedly, the cash amounting to Rs. 5,34,000/- seized from the possession of Sh. Nand Lal Joshi and Sh. Nand Lal Pandya belongs to the assessee. The limited question therefore is source of such cash found and seized from the possession of these two persons which belongs to the […]

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