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ITAT Jodhpur

Cash found & seized- Arguments must be substantiated by Documents

December 21, 2020 1383 Views 0 comment Print

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, […]

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

December 21, 2020 4695 Views 0 comment Print

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 by […]

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

July 8, 2020 3516 Views 0 comment Print

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?

Sale of Agricultural Land after Conversion is Taxable as Capital Gain

March 20, 2020 38013 Views 0 comment Print

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.

Liability payable as a consequence of trading transaction cannot be added U/s. 68

May 10, 2019 2772 Views 0 comment Print

Since transaction between assessee and truck owners was a liability which assessee had to pay arising from trade transaction and same could not be added under section 68.

Section 11 exemption cannot be denied for non-filing of audit report with return

May 6, 2019 4749 Views 0 comment Print

The claim of exemption under section 11 could not be denied to assessee society on the ground that the audit report was not filed online along with the return as the requirement of law that the assessee shall have its account audited, had been complied with within the time prescribed by the statute.

No TDS on Sale of Property if Sale consideration of each Co-owners not exceeds Rs. 50 Lakhs

May 6, 2019 96627 Views 1 comment Print

M/s. Oxcia Enterprises Private Limited Vs DCIT (ITAT Jodhapur) Even though the admitted position is that the assessee buyer/transferee has not deducted tax in the hands of the Joint Owners of the property, still we note that sub-section(2) of sec. 194-IA of the Act provides an exception from deducting tax of 1% of the sale […]

Mistake by Advocate is Reasonable Cause to condone Delay in Filing Appeal

May 3, 2019 6021 Views 0 comment Print

Mahnoo Khan Vs ITO (ITAT Jodhpur) In the present case it is noticed that the Ld. CIT(A) dismissed the appeal in limine and had not condoned the delay.  He mentioned that there was delay of 740 days in filing the appeal, however, the claim of the assessee is that the delay is of 217 days. […]

Deemed rental of SOP should be determined as per municipal ratable value

July 20, 2018 927 Views 0 comment Print

The house which is not having any actual rental income but self occupied by assessee should be determined as per the municipal ratable value. Accordingly, the matter is restored to file of the Assessing Officer to find out the municipal ratable value of the house for computing income u/s 22 of the I.T. Act. We direct accordingly.

Interest on housing loan used for advancing loans can be claimed against Interest Income

May 25, 2018 1656 Views 0 comment Print

These are the appeals filed by the different assessees against the separate orders of the ld. CIT(A) Ajmer dated 05/10/2017 for the A.Y. 2013-14 in the matter of order u/s 143(3) of the Income-tax Act, 1961 [hereinafter referred to as ‘the Act’, for short

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