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ITAT Jaipur

Statement u/s 132(4) being rebuttable presumption, can be retracted later on valid evidences

September 7, 2015 3529 Views 0 comment Print

ITAT Jaipur held In the case of ACIT vs. Shri Johari Lal Sodhani that the CIT (A) had given various reasons of retraction and also has considered the evidence for not honouring the statement made under section 132(4).

Capital gain arises/accrued outside India can’t be clubbed in hands of NRI assessee

August 11, 2015 839 Views 0 comment Print

In case of Shri Rajendra Pathak Vs. ACIT Jaipur Bench of ITAT have held that sale proceeds cannot be clubbed in the hands of the assessee as capital asset/capital gain arises/accrued outside India. Assessee got shares on the basis of work performance by his employe in London.

In case of share capital identity, genuineness and creditworthiness of the cash creditor is to be proved by assessee

August 11, 2015 2244 Views 0 comment Print

In the case of DCIT Vs. M/s. Soni Hospital Pvt. Ltd. Jaipur bench of ITAT have held that that in case of share capital, the creditworthiness along with genuineness of transaction, identity of person is also required to be proved by the assessee.

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

August 11, 2015 1132 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 18817 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 5565 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 1447 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 6535 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 2338 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 4036 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

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