ITAT Jodhpur held that disallowance of interest which is not at all received by the assessee is unsustainable and accordingly, the disallowance is vacated.
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
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.
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
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.
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 order did not specify the charge & penalty was imposed purely on the basis of estimation of income so not valid
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
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.
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
