ITAT Jodhpur

Director’s Remuneration & Depreciation cannot be disallowed for temporary suspension of business 

Devkripa Textile Mills (P) Ltd. Vs ACIT (ITAT Jodhpur)

Devkripa Textile Mills (P) Ltd. Vs ACIT (ITAT Jodhpur) Briefly the facts of the case are that the assessee company is engaged in manufacturing of synthetic fabrics on job work basis for other parties. It is also engaged in trading of synthetic fabrics during the year. It filed its e-return on 27.10.2015 declaring total loss […]...

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Issue considered in order is open for revision if order is erroneous and prejudicial to interest of justice

Ajmer Development Authority Vs CIT (ITAT Jodhpur)

ITAT Jodhpur held that any issue which was considered by AO in the assessment order and such order is erroneous and prejudicial to the interest of justice, then, such order would be open for revision under section 263 of the Income Tax Act....

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Penalty cannot be imposed on additions purely based on estimation of income

Shri Shailendra Jhanwar Vs ITO (ITAT Jodhpur)

Penalty order did not specify the charge & penalty was imposed purely on the basis of estimation of income so not valid...

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Section 68 & 115BBE cannot be invoked if assessee not required to maintain books of account

Shri Sumit Gahlot Vs ITO (ITAT Jodhpur)

Section 68 cannot be invoked if Assessee not required to maintain books of account. Section 115BBE comes into operation only in case of income referred in Section 68/69/69A/69B/69C and 69D...

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No Section 234A interest for the period during which it was not possible for assessee to file return

Smt. Bhawna Nagori Vs ITO (ITAT Jodhpur)

If any assessment is made for the first time u/s 147 then the assessee cannot be made to pay Section 234A interest for the period during which it was not possible on the part of the assessee to file return i.e. after one year from the end of the assessment year till issuance of notice u/s 148 of the Act....

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No section 234A interest if Return filed within Time allowed in section 153A Notice

Shri Lalit Johri Vs ACIT (ITAT Jodhpur)

Limitation for default in filing of the return u/s 153A would start from expiry of time allowed by AO in notice u/s 153A and assessee filed the return within time allowed by notice u/s 153A of the Act and, therefore, there is no delay in filing return of income by assessee as provided u/s 153A. No interest is levibale u/s 234A ...

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Jointly owned Property- Section 194IA TDS not applicable if Consideration for Property not exceeds Rs. 50 lacs

Reetu Devi Nanecha Vs ITO (ITAT Jodhpur)

Reetu Devi Nanecha Vs ITO TDS (ITAT Jodhpur) ITAT notice that the assessee is an individual and as per facts of the case narrated before us and not disputed by the revenue authority, find that the assessee alongwith 3 other persons purchased an immovable property for a consideration of Rs.1.20 crores on 03-09-2014. The assessee […]...

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Addition based on reasons beyond limited scrutiny is unsustainable

Madhusoodan Paliwal Vs ITO (ITAT Jodhpur)

ITAT Jodhpur held that addition on the basis of reasons not forming limited scrutiny is unsustainable as Assessing Authority cannot exceed the jurisdiction beyond the reasons specified for limited scrutiny....

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Section 272A(2) penalty not leviable on or after 1st Day of July, 2012

ITO (TDS) Vs Hadpawat Enterprises (P) Ltd.  (ITAT Jodhpur)

ITO (TDS) Vs Hadpawat Enterprises (P) Ltd. (ITAT Jodhpur) From a plain reading of second proviso to Section 272A(2) which is inserted by the Finance Act, 2012 w.e.f. 01-07-2012, it is clear that penalty under clause (k) of Section 272(A)(2) cannot be levied on or after the 1st Day of July, 2012. In the instant […]...

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Non-adjudication upon legal ground constitutes mistake apparent from record: ITAT

Shri Amar Singh Saharan Vs ITO (ITAT Jodhpur)

Shri Amar Singh Saharan Vs ITO (ITAT Jodhpur) Tribunal has adjudicated the appeal of the assessee on merits only and it was decided against the assessee. However, in Ground No. 2, the assessee has raised a legal ground. It is submitted that an identical legal ground raised by another assessee named Ashok Kumar Banthia vs. […]...

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May 2023