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ITAT Jodhpur

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

May 6, 2019 97428 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 6246 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 1077 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 1830 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

Addition deleted as money deposited in the bank account was received from son

May 25, 2018 2319 Views 0 comment Print

It was explained by the appellant that the money deposited in the bank account represented cash received from elder son, who was tax payer and the withdrawals in the bank account had a a chronologically progressive linkage of events.

Excess Stock & Cash related to business taxable as business income

May 25, 2018 11355 Views 0 comment Print

Excess stock found during the course of survey and surrender made thereof was found to be taxable under the head |Income from business or profession|. Similarly, in respect of excess cash found out of sale of goods in which assessee was dealing was also found to be taxable as business income thus, there was no justification for taxing such income under section 115BBE.

JCIT cannot give Approval U/s. 153D in a mechanical way

February 23, 2018 2175 Views 0 comment Print

Joint Commissioner has failed to grant approval in terms of section 153D of the Act i.e., after application of mind but has rather carried out exercise in utmost haste and in a mechanical manner and, therefore, the approval so granted by him is not an approval which can be sustained.

No disalllowance U/s. 40A(3) for cash Payment of electricity bills of JVVNL

February 10, 2018 47280 Views 1 comment Print

Payment of electricity bills to JVVNL is held to be the payment made to the government for the purpose of section 40A(3) of the Income-tax Act and therefore said section 40A(3) cannot be invoked and no addition is called for and additions so made and confirmed by the ld. CIT(A) is directed to be deleted.

Allowability of deduction U/s. 80P(2)(a)(i) to Co-operative society engaged in providing credit facilities to members

July 12, 2017 12453 Views 0 comment Print

These appeals preferred by the assessee emanates from the order of learned Commissioner (Appeals)-2, Jodhpur for assessment year 2008-09 vide order dated 19-11-2015; assessment year 2010-11 vide order dated 20-11-2015

Expense on telephone installed at house of Director cannot be disallowed for personal use

June 12, 2017 3462 Views 0 comment Print

ACIT Vs Metallizing Equipment Co. (P) Ltd. (ITAT Jodhpur) In Hero Cycles Ltd. v. Asstt. CIT (1999) 63 TTJ (Chd) 665. Tribunal, Chandigarh, has held that the expenditure on telephone installed at the residences of directors is not covered by section 38(2) and expenses in case of a company cannot be for non-business purposes and the […]

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