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ITAT Jodhpur

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

April 24, 2023 13758 Views 0 comment Print

ITAT Jodhpur exempts individual from TDS on property purchase under Rs.50 lacs, setting precedent for similar transactions.

Addition based on reasons beyond limited scrutiny is unsustainable

April 21, 2023 1179 Views 0 comment Print

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.

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

April 20, 2023 1917 Views 0 comment Print

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 […]

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

March 27, 2023 2358 Views 0 comment Print

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. […]

CIT cannot initiate proceedings with a view to start fishing & roving enquiries

March 25, 2023 2703 Views 0 comment Print

Dhanraj Chhipa Vs PCIT (ITAT Jodhpur) CIT cannot invoke his powers of revision under section 263 if the Assessing Officer has conducted enquiries and applied his mind and has taken a possible view of the matter. If there was any enquiry and a possible view is taken, it would not give occasion to the Commissioner […]

Penalty u/s 271(1)(b) not imposable for non-compliance of section 142(1)

February 28, 2023 5622 Views 0 comment Print

ITAT Jodhpur held that penalty under section 271(1)(b) of the Income Tax Act not imposable for non-compliance of section 142(1) of the Income Tax Act.

Cancellation of registration of charitable trust with retrospective effect is invalid

February 22, 2023 5502 Views 0 comment Print

ITAT Jodhpur held that it is settled legal position that registration cannot be cancelled from retrospective effect. Hence, cancellation of registration of charitable trust with retrospective effect is invalid.

Section 54 deduction – ITAT restores matter to AO

December 8, 2022 597 Views 0 comment Print

Late Smt. Kanta Chandak Vs ITO (ITAT Jodhpur) On merits, the ld. AR submitted that the issue raked up by Ld PCIT relate to the deduction claimed by these assessees u/s 54 of the Act, which was allowed by the AO in the original assessment proceedings. He submitted that these assessees could not furnish proper […]

Assessee cannot be taxed on amount on which tax is not legally imposable

February 20, 2022 1713 Views 0 comment Print

Akbar Mohammad Vs ACIT (ITAT Jodhpur) In the present cases, it is not in dispute that the assessee deposited the contribution of PF & ESI belatedly in terms of section 36(1)(va) of the Act. However, the said deposits were made prior to filing of return of income u/s 139(1) of the Act. Of course, it […]

Ex-parte order should be a Speaking order on merits

February 8, 2022 3819 Views 0 comment Print

Gogad Fabrics Pvt. Ltd. Vs ACIT (ITAT Jodhpur) dmittedly and undisputedly, the assessee chose to be un-represented before the NFAC on as many as three occasions. However, the fact does remain that the NFAC did not adjudicate on the merits of the case but dismissed the assessee’s appeal before it on the ground that there […]

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