Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (2006)104TTJ(JP.)518
1. These miscellaneous applications filed by the appellant have arisen out of the Tribunal order dt. 25th July, 2005 in ITA Nos. 207 and 208/Jp/2003 for the asst. yrs. 1994-95 and 1995-96.2. The learned Counsel for the assessee has pointed out vide MA Nos. 96 and 97/Jp/2005 that number of contentions in written submissions and decisions were referred during the course of hearing of the appeal and the Tribunal has not considered the contentions and has not cited or considered any of the decisions in ITA Nos. 207 and 208/Jp/2005. The second argument of learned Counsel for the assessee was with regard to the applicability of Section 148 of the Act in the asst. yr. 1994-95 and the learned Counsel for the assessee argued that provisions of Section 147 were not applicable in view of proviso to Section 147 since the assessment has been made under Section 143(3) and no action shall be taken under the proviso of this section after expiry of four years from the end of the assessment year, unles...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (2006)103TTJ(JP.)261
These appeals arise from two different orders of learned Commissioner (Appeals)-HI, Jaipur dated 3rd Aug., 2005 for the assessment years 2001-02 and 2002-03, respectively.These are appeals filed by the assessee against the orders of learned Commissioner (Appeals) dated 3rd Aug., 2005 for assessment years 2001-02 and 2002-03. The only ground taken by the assessee in both the appeals is against denying of exemption under section 10(23C)(iiiad) of the Income Tax Act to the assessee.The brief facts of the case are that the assessee society. is registered with Registrar (Societies), Jhunjhunu and running an educational institute namely, Mls Jhunjhunu Academy with a hostel. The assessing officer observed that income and expenditure account shows that substantial amount has been shown as received as donation and after claiming expenses under various heads surplus is declared at Rs. 10,07,650 and 17,01,080, respectively. The assessing officer denied exemption under section 10(23C)(iiiad) of I...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (2006)103TTJ(JP.)260
1. These appeals arise from two different orders of learned CIT(A)-III, Jaipur dt. 3rd Aug., 2005 for the asst. yrs. 2001-02 and 2002-03, respectively.2. These are appeals filed by the assessee against the orders of learned CIT(A) dt. 3rd Aug., 2005 for asst. yrs. 2001-02 and 2002-03.The only ground taken by the assessee in both the appeals is against denying of exemption under Section 10(23C)(iiiad) of the IT Act to the assessee.3. The brief facts of the case are that the assessee society is registered with Registrar (Societies), Jhunjhunu and running an educational institute namely, M/s Jhunjhunu Academy with a hostel. The AO observed that income and expenditure account shows that substantial amount has been shown as received as donation and after claiming expenses under various heads surplus is declared at Rs. 10,07,650 and 17,01,080, respectively. The AO denied exemption under Section 10(23C)(iiiad) of IT Act, 1961 by observing that during the course of survey it was found that in...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (2006)101TTJ(JP.)822
1. This is an appeal filed by the Department against the order of the learned CIT(A) dt. 21st July, 2,003, for the asst. yr. 2001-02. The assessee has also filed the cross-objection. On the facts and in the circumstances of the case and in law, the learned CIT(A)-II, Jaipur, has erred in reducing the trading addition of Rs. 18,34,483 made by the AO to Rs. 1,50,000 only without giving any sound basis and without appreciating that assessee had no plausible explanation for shortage of stock of Rs. 4,65,485 and based on sample check of assessee's own books of account, GP, declared at 3.13 per cent on turnover of Rs. 103.79 lakhs was very much on the lower side.And the assessee has raised in all seven grounds in its cross-objection. The assessee's objections in all the seven grounds are related to retention of addition of Rs. 1.50 lakhs by the learned CIT(A).3. The brief facts of the case are that the assessee-company continues to derive income from manufacturing and sale of cattle feed. S...
Tag this Judgment!