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ITAT Jaipur

No disallowance U/s. 40(a)(ia) where net profit was estimated

January 8, 2018 3267 Views 0 comment Print

Once the income of the assessee was estimated after rejection of books of account, then, the AO could not make disallowance on the same books of account for the purpose of disallowance by invoking provisions of section 40(a)(ia) or general disallowance under section 37(1). Hence, the disallowance made by the AO was deleted.

Addition for Capital Gain cannot be made for merely signing as a Confirming Party

January 4, 2018 5616 Views 0 comment Print

It has been clearly mentioned that the capital gain income has been declared in the return of income of Smt. Gyanwati Dhakar, who has actually sold this property. The assessee has just signed as a confirming party.

Retraction of statement after inordinate delay looses its significance

December 29, 2017 3318 Views 0 comment Print

Retraction of statement after inordinate delay without proving that same was obtained forcefully/by coercion/undue influence is clearly an after-thought and looses its significance.

ITAT explains law on revenue recognition by property developer under percentage completion method

December 22, 2017 6090 Views 0 comment Print

Law on how revenue should be recognized by a developer of property under the percentage completion method in the light of Accounting Standards AS-1, AS-7 & AS-9, the Guidance Note on Accounting for Real Estate Transactions issued by the ICAI and several judgements on the issue explained

Right to Receive Interest without reasonable certainty of Realization cannot be taxed

December 22, 2017 2196 Views 0 comment Print

Only a right under the agreement to receive the interest by the assessee without reasonable certainty of realization of the same cannot be brought to income tax.

Interest on Bank overdraft- Used in business vis-a-vis investment in mutual funds

December 14, 2017 16728 Views 0 comment Print

1. The impugned additions and disallowance made in the order dated 29-12-2011 under section 143(3) of the Act, bad in law and on facts of the case, for want of jurisdiction and various other reasons and hence the same kindly be deleted.

Deduction U/s. 54 can be claimed for House purchased in wife’s name

December 13, 2017 21783 Views 5 comments Print

When the entire investment for the purchase of new house has gone through the assessee’s account then benefit u/s 54 of Income Tax Act cannot be denied on the ground the new house was purchased in the name of wife. Hence, the claim of the assessee u/s 54 of the Income Tax Act is allowed.

CBDT Circular Restricting Amenities to Doctors is not retrospective

December 12, 2017 3828 Views 0 comment Print

The Jaipur bench of ITAT comprising Vijay Pal Rao (judicial member) and Vikram Singh Yadav (accountant member) recently held that the circular issued by the Central Board of Direct Taxes (CBDT) restricting amenities to doctors is

Penalty U/s. 271A justified for Failure to maintain books of account in Violation of section 44AA

December 11, 2017 5145 Views 0 comment Print

Vinita Ranka Vs ITO (ITAT Jaipur) There is no dispute that during the course of assessment proceedings the AO noted that the bank transactions including the deposit in the bank and outward transaction are more than Rs. 4 Crores. The assessee then filed revised computation of income and admitted the turnover of more than Rs. […]

Addition U/s. 69 justified on failure of Assessee to establish that cash deposited in her bank a/c belong to her clients

December 8, 2017 2238 Views 0 comment Print

When assessee failed to file any reliable evidence or documents, which could establish that she was a sub-broker and cash deposited in her bank account belong to her clients, then action of treating the entire cash deposits as per section 69 as unexplained investment of the assessee was held to be fully justified.

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