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ITAT Jodhpur

LIC Commission – Business or Other Sources & Allowability of expenses?

September 26, 2023 4869 Views 0 comment Print

Analysis of Purushottam Sharma vs. DCIT (ITAT Jodhpur) case. Is income from LIC commission considered business income or other sources? Explore the legal arguments and conclusions.

Onus on Income-Tax Department When Affidavits Verify Cash Deposit Sources

September 19, 2023 10416 Views 0 comment Print

Explore the case of Sh. Kuldeep Kumar Vs ITO, where the onus shifted to the IT Department when affidavits verified cash deposit sources. Full ITAT Jodhpur order analysis

Loss cannot be denied by treating Revised Return as Original Return & CIT not liable for cost if no malafide action proved

September 6, 2023 927 Views 0 comment Print

Khadi Grammodhyog Prathisthan Vs Asst. Director of Income CPC (ITAT Jodhpur) The case of Khadi Grammodhyog Prathisthan Vs Asst. Director of Income CPC (ITAT Jodhpur) revolves around the denial of current year losses by treating a revised tax return as an original return. This appeal arises from an order dated 14.02.2023, issued by the National […]

Interest which is not received on debits cannot be disallowed

September 5, 2023 855 Views 0 comment Print

ITAT Jodhpur held that disallowance of interest which is not at all received by the assessee is unsustainable and accordingly, the disallowance is vacated.

Transfer of reserve created out of tax paid profit is not mistake rectifiable under section 154

September 5, 2023 1620 Views 1 comment Print

ITAT Jodhpur held that merely by transferring the reserve created out of the tax paid profit subsequently transferred to capital account of the firm is not a mistake apparent on record and cannot be rectified under the guise of provision of section 154 of the Act

Section 69C cannot be invoked if expenditure is duly accounted in books & Source is shown

June 10, 2023 3708 Views 0 comment Print

ITAT Jodhpur upholds CIT(A)’s decision, negating the AO’s addition of Rs. 1.62 crore under Section 69C for Shri Prahalad Rai Rathi. The judgment clarifies all transactions were through banking, dismissing the alleged unexplained expenditure and unsecured loans as baseless.

Income tax law never contemplates to apply Section 14A to a taxable income

June 10, 2023 408 Views 0 comment Print

Precondition of applicability of S. 14Ahas not been fulfilled in the present case in as much the law never contemplates to apply S. 14A in relation to a taxable income as in the present case

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

May 16, 2023 1491 Views 0 comment Print

Explore the pivotal case of Devkripa Textile Mills vs ACIT (ITAT Jodhpur) where the court addressed disallowances on director’s remuneration, depreciation, and expenses, offering insights for tax compliance.

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

April 27, 2023 1617 Views 0 comment Print

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.

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

April 27, 2023 5244 Views 0 comment Print

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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