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Unexplained Cash Deposit Addition under Section 69A Restored for Fresh Verification Where Assessee Disputed Ownership of Bank Account: Buniya Amin vs. ITO (ITAT Jaipur)
Facts of the CaseThe assessee, Buniya Amin, filed no return or replies during
reassessment proceedings for Assessment Year 2017-18. The case was reopened
under Section 147 on the basis of information regarding cash dep...
Post Finance Act, 2015 amendment, all Govt. subsidies taxable as income under section 2(24) irrespective of nature, ITAT Chennai in India Cements Ltd vs DCIT
Facts of the CaseThe appeal was filed by M/s. The India Cements Limited against the order of the Commissioner of Income Tax (Appeals), NFAC, Delhi, for Assessment Year 2017-18. The assessment involved multiple additions ...
Applications under Sections 12AB and 80G Restored for Fresh Adjudication Due to Non-Compliance and Misunderstanding of Earlier Remand Directions: Shrimad Dayanand Shiksha Samiti vs. CIT (Exemption) (ITAT Jaipur)
Facts of the CaseThe assessee, Shrimad Dayanand Shiksha Samiti, Bhilwara, filed
applications seeking registration under Section 12AA of the Income-tax Act and
approval under Section 80G. These applications were initial...
Interest on Borrowed Capital Not Allowable under Section 36(1)(iii) Prior to Business Use but Allowable under Section 24(b): Rup Kumar Ramchandani vs. ITO (ITAT Jaipur)
Facts of the
CaseThe assessee, an individual carrying on business
through his proprietorship concern “M/s SHE”, filed his return of income for
Assessment Year 2019-20 claiming interest expenditure of ₹11,82,661 ...
Capital Gains on Compulsory Acquisition of Agricultural Land Eligible for Section 10(37) Exemption and Issues Restored for Fresh Verification: Tej Pal Singh vs. ITO (ITAT Jaipur)
Facts of the
CaseThe assessee, an individual government employee,
received compensation of ₹5,89,563 during Assessment Year 2014-15 on compulsory
acquisition of three plots of land measuring 260 square meters by the...
Section 143(2) – Validity in Set-Aside Reassessment Proceedings and Effect of Non-Verification of Return of Income, Principal Commissioner of Income Tax & Another v. Ashish Gupta
The jurisdictional validity of reassessment proceedings hinges fundamentally on compliance with statutory safeguards embedded in the Income-tax Act, 1961. Among these, issuance of notice under Section 143(2) occupies a c...
Penalty under Section 270A Upheld Where Income Was Under-Reported and Additions Were Not Covered by Estimation Exclusion: Shri Shyam Construction Company vs. ITO (ITAT Jaipur)
Facts of the
CaseThe assessee, Shri Shyam Construction Company,
engaged in construction contract work and supply of building materials, filed
its return of income for Assessment Years 2017-18 and 2018-19. During
asse...
Reassessment Quashed for Lack of Jurisdiction Where Reasons Pertained to Wrong Assessment Year: Kanhaiya Lal Hari Narayan vs. ITO (ITAT Jaipur)
Facts of the
CaseThe assessee, a partnership firm, was subjected to
reassessment proceedings for Assessment Year 2013-14 based on information
received from the DDIT (Investigation), Karnal regarding alleged accommodat...
Revision u/s 264 – PCIT bound to follow ITAT Special Bench: Tax on Deemed STCG u/s 50 at LTCG rate u/s 112, Samir N. Bhojwani. vs. Principal Commissioner of Income Tax & Ors. Writ Petition (L) No. 37709 of 2025
Core
Issue:-Whether, while exercising revisionary jurisdiction under Section 264,
the PCIT can refuse to follow a binding decision of the ITAT Special Bench and
deny levy of tax at LTCG rate under Section 112 on capit...
Cash Deposits during Demonetisation Held Explained Where Supported by Cash Sales, Books and VAT Returns: Damodar Prasad Agarwal vs. ITO (ITAT Jaipur)
Facts of the
CaseThe assessee, engaged in the business of gold and
diamond jewellery, deposited cash amounting to ₹94,49,786 in his bank account
during the demonetisation period from 09.11.2016 to 30.12.2016. The As...