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ITAT Jaipur

Receipts having no nexus with educational activities, not to be considered in Annual credit receipts u/s 10(23C)(iiiad)

August 11, 2015 856 Views 0 comment Print

ITAT Jaipur held In the case of ACIT vs. M/s Public Rose Shiksha Samiti that on verification of the total receipt mentioned by the Assessing Officer , there was a transaction of sale of land for Rs. 47,90,000/-. The Hon’ble Madras High Court has considered the issue of annual receipts

Section 43(5)(d) applicable only on derivatives trading (future & options) and not on share trading

August 11, 2015 18184 Views 0 comment Print

In the case of ACE India Medical Systems Vs. ACIT Jaipur Bench of ITAT held that from the bare reading of the section 43 (5) (d) it is prima facie clear that Section 43(5)(d) is for trading in derivatives not trading of shares.

No separate addition can be made when net profit is estimated by rejecting book results

August 11, 2015 4881 Views 0 comment Print

In the case of Brahamanand Agarwal, Thekhedar Vs. DCIT Jaipur Bench of ITAT have held that when net profit is estimated by AO by rejecting the book result U/s 145(3) of the Act, no separate addition can be made on account of cash creditor.

TP adjustment for intra group services not sustainable where receipt of services & its benefits are beyond any doubt

August 11, 2015 1321 Views 0 comment Print

ITAT Jaipur held In the case of M/s. Gillette India Ltd. vs. ACIT that the services availed are intra-group services in the nature of Accounting and Financial Reporting Services, Employee services etc. . These are routinely outsourced by no. of companies in India and other countries because of their economic

ITAT pulls Up CA for Seeking to Intimidate It by using derogatory, defamatory and contemptuous Language

July 27, 2015 6115 Views 0 comment Print

he barrage of indiscriminate allegations include misuse of official position, corruption, insulting him and son: colluding with retired income tax officers to harm his client so on and so forth. The severity of accusations and fury emerging from their language is highly derogatory, defamatory and contemptuous, sent with a scheme and clear intention to intimidate judicial officers to desist from passing an unfavorable order.

Peak credit theory to be adopted for additions in respect of some unexplained credit entries in the bank statement

June 15, 2015 2209 Views 0 comment Print

As regards, second issue CIT(A) has rightly adopted the peak credit theory by considering the fact that that there was only rotation of overdraft funds whereby the funds advanced on earlier dates were received back subsequently and there were no fresh deposits.

Private Limited Company is an Inanimate Person and no Personal Expenditure could be Attributed to it

June 15, 2015 3595 Views 0 comment Print

In the present facts of the Case there are three vital issues in which the Hon’ble Tribunal held that expenses like Telephone expenses, Diwali Expenses, Travelling Expenses, Vehicle Running, Event management Expenses

Discount to distributors by telecom company is not in the nature of commission/brokerage

June 12, 2015 5076 Views 0 comment Print

Discount to distributors by Telecom Company is not in the nature of commission/brokerage and the roaming charges paid to other telecom operators are not in the nature of fee for technical services.

In transfer pricing, no risk adjustment desired for unquantified risk being no effect on ALP adjustment

June 12, 2015 3245 Views 0 comment Print

ITAT Jaipur held In the case of Integrated Decisions and Systems (India) Private Limited vs. ITO that these risk adjustments are only theoretically which cannot be quantified in terms of any calculation to conclude the exact adjustment in ALP.

Disallowance for bogus purchases should be restricted to reasonable profit % of such Purchases

June 5, 2015 5945 Views 0 comment Print

In the case of M/s Sharma East India Hospitals & Medical Research Ltd vs. DCIT, ITAT Jaipur held that disallowance out of unverifiable purchases may be restricted to 15% following the consolidated order in the cases of Sh. Anuj Kumar Varshney and ors. Vs. ITO, ITA No. 187/JP/2012

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