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ITAT Jaipur

Referring to TPO u/s 92CA invalid post omission of clause (i) of Section 92BA

June 16, 2023 1119 Views 0 comment Print

ITAT Jaipur held that referring impugned domestic transaction to TPO u/s 92CA is invalid in view of omission of clause (i) of section 92BA vide Finance Act, 2017.

Employees of PSU not eligible to claim 100% exemption u/s 10(10AA)

June 16, 2023 2637 Views 0 comment Print

ITAT Jaipur held that 100% exemption u/s. 10(10AA) denied as employees of Public Sector Undertaking (PSU) and Nationalized Banks or other Institutions which are classified as ‘State’ cannot be assumed the status of Central Government and State Government employees.

Section 50C provision not applicable to section 54F exemption calculations

June 10, 2023 4923 Views 0 comment Print

ITAT Jaipur reinforces section 54F’s applicability, highlighting the distinction between actual sale consideration and stamp duty value for capital gains exemption, affirming the principle of real consideration over deemed value for investment in new assets.

Denial of Foreign Tax Credit merely because Form 67 furnished after due date of return filing is unjustified

June 8, 2023 3621 Views 0 comment Print

ITAT Jaipur held that denial of Foreign Tax Credit merely because Form 67 was filed after the due date of filing the return under section 139(1) of the Income Tax Act is unjustified and untenable in law.

Penalty u/s 271B not leviable as delay of one day due to technical letches is venial in nature

June 1, 2023 648 Views 0 comment Print

ITAT Jaipur held that penalty u/s 271B not leviable for mere delay of one day as such delay didn’t have any deliberate intention. The delay if any is on account the reasons on the technical letches on the portal and the same is venial in nature.

Addition on debatable and controversial issue is beyond the scope of section 143(1)

May 25, 2023 1191 Views 0 comment Print

ITAT Jaipur held that addition by way of adjustment and intimation u/s 143(1) of the Act on debatable and controversial issue is beyond the scope of Section 143(1) of the Income Tax Act.

Penalty u/s 271(1)(c) not leviable as addition made on account of difference of opinion

May 24, 2023 2118 Views 0 comment Print

ITAT Jaipur held that penalty u/s 271(1)(c) of the Income Tax Act not leviable as addition made on account of meager amount and on account of difference of opinion only.

Non-compliance due to receipt of notice in SPAM folder is sufficient cause for condonation of delay

May 24, 2023 1650 Views 0 comment Print

ITAT Jaipur held that non-compliance due to receipt of notice in SPAM folder is sufficient cause shown for the delay. Accordingly, delay of 223 days in filing of an appeal condoned.

Company Is a Separate Legal Entity despite Majority Shareholding / Directorship by Assessee

May 23, 2023 948 Views 0 comment Print

Krishna Das Agarwal Vs DDIT/ADIT (Inv.) (ITAT Jaipur) Black Money Act – Company Is a Separate Legal Entity and The Assessee Cannot Be Held to Be Beneficial Owner Ipso-Facto Due to Majority Shareholding / Directorship.- FULL TEXT OF THE ORDER OF ITAT JAIPUR These bunch of five appeals consist of one appeal filed by the […]

There cannot be second round of Section 271(1)(b) penalty for same default

May 21, 2023 945 Views 0 comment Print

ITAT Jaipur held that there cannot be a second round of penalty for same defaults. Accordingly, penalty imposed u/s 271(1)(b) of Income Tax Act for second time is unsustainable.

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