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ITAT Jodhpur

Late fees u/s 234E is effective only from 01.06.2015

October 26, 2023 1230 Views 0 comment Print

ITAT Jodhpur held that levy of late fees under section 234E of the Income Tax Act is effective only from 01.06.2015. Accordingly, levy of late fees for F.Y. 2012-2013 is unsustainable in law.

Levy of late fees u/s 234E for delay in filing TDS return for period prior to 01.06.2015 unwarranted

October 16, 2023 2028 Views 0 comment Print

ITAT Jodhpur held that levying late fees u/s 234E of the Income Tax Act for delay in filing TDS return for 4th quarter of F.Y. 2012-2013 unwarranted as power to levy fees has come into effect only from 01.06.2015

Addition u/s. 68 unsustainable as genuineness of depositors proved

October 6, 2023 1344 Views 0 comment Print

ITAT Jodhpur held that addition under section 68 of the Income Tax Act towards unexplained credit unsustainable as genuineness of the depositors provided by filing confirmation, affidavits, bank statement, etc.

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

September 26, 2023 4905 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 10500 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 942 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 864 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 1638 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 3903 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

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