ITAT Jodhpur

Assessee cannot be taxed on amount on which tax is not legally imposable

Akbar Mohammad Vs ACIT (ITAT Jodhpur)

Akbar Mohammad Vs ACIT (ITAT Jodhpur) In the present cases, it is not in dispute that the assessee deposited the contribution of PF & ESI belatedly in terms of section 36(1)(va) of the Act. However, the said deposits were made prior to filing of return of income u/s 139(1) of the Act. Of course, it […]...

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Ex-parte order should be a Speaking order on merits

Gogad Fabrics Pvt. Ltd. Vs ACIT (ITAT Jodhpur)

Gogad Fabrics Pvt. Ltd. Vs ACIT (ITAT Jodhpur) dmittedly and undisputedly, the assessee chose to be un-represented before the NFAC on as many as three occasions. However, the fact does remain that the NFAC did not adjudicate on the merits of the case but dismissed the assessee’s appeal before it on the ground that there […]...

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Addition for belated payment of PF/ESI prior to amendment by Finance Act, 2021

Ridhi Sidhi Mills (India) Pvt. Ltd. Vs DCIT (ITAT Jodhpur)

Ridhi Sidhi Mills (India) Pvt. Ltd. Vs DCIT (ITAT Jodhpur) In the present cases, it is not in dispute that the assessees deposited the contribution of PF & ESI belated in terms of section 36(1)(va) of the Act, however, the said deposits were made prior to filing of return of income u/s 139(1) of the […]...

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Affidavit submitted by Assessee cannot be rejected without any plausible reason

Ashok Kumar Banthia Vs DCIT (ITAT Jodhpur)

Ashok Kumar Banthia Vs DCIT (ITAT Jodhpur) It is also an admitted fact that the affidavit filed by Shri Ashok Todi, which is at page No. 13 of the paper book who was director of M/s Lux Industries Ltd. had categorically admitted that on 19/04/2011, the assessee was carrying amount of Rs. 25.00 lacs in […]...

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No addition on account of late deposits of employees contribution of ESI, PF if paid prior to filing of ITR.

Mohan Ram Chaudhary, Vs ITO (ITAT Jodhpur)

Addition on account of deposits of employees’ contribution of ESI and PF prior to the filing of return of income u/s 139(1) could not be disallowed under section 43B read with section 36(1)(va) if the same was prior to the amendment made by the Finance Act, 2021 w.e.f. 1.4.2021 vide Explanation 5....

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Mere time gap between withdrawals & deposits can’t be reason for alleging undisclosed income

Smt. Krishna Agarwal Vs ITO (ITAT Jodhpur)

Jodhpur Bench held that mere time gap between withdrawals and deposits cannot be a sole basis for rejecting the explanation of the Appellant as there was no material that amount so withdrawn had been utilized somewhere else. The Court believed that the explanation by the Appellant was reasonable and therefore, directed that the addition s...

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Cash found & seized- Arguments must be substantiated by Documents

Devendra Kumar Jhanwar Vs ITO (ITAT Jodhpur)

Devendra Kumar Jhanwar Vs ITO (ITAT Jodhpur) The impugned addition stem from the fact that an amount of Rs.8 Lacs in cash (in old currency notes of denomination of Rs.500 & Rs.1000 as demonetized by government on 08/11/2016) was found from the possession of the assessee on 18/11/2016 at arrival terminal of Maharana Pratap Airport, [&h...

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ITAT allows Depreciation to Trust- Section 11(6) amendment is prospective

ACIT Vs M/s. Mayo College General Council (ITAT Jodhpur)

ACIT Vs M/s. Mayo College General Council (ITAT Jodhpur) The deduction of depreciation for Rs.300.37 Lacs as claimed by the assessee was denied by Ld. AO on the reasoning that cost of fixed asset is an application of income and therefore further deduction of depreciation tantamount to double deduction. The Ld. CIT(A) allowed depreciation ...

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Mid Day Meal supply to poor students of schools is Charitable in Nature

Manna Trust Vs CIT (Exemption) (ITAT Jodhpur)

whether the Mid Day Meal supply to the poor students of the schools as per the programme of State Government is considered as commercial activity?...

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Sale of Agricultural Land after Conversion is Taxable as Capital Gain

Ramesh Raj Bohra Vs DCIT (ITAT Jodhpur)

The issue under consideration is whether sale of agricultural land after conversion taxing under capital gain or under business income? ITAT direct the A.O. to treat the property on sale of land as capital gains and given the benefit of exemption claimed by the assessee U/s 54F of the Act....

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