ITAT Pune

ITAT explains Provisions of Clubbing of Income of Wife with Husband

Uday Gopal Bhaskarwar Vs ACIT (ITAT Pune)

Uday Gopal Bhaskarwar Vs ACIT (ITAT Pune) ITAT explains Provisions of Clubbing of Income of Wife with Husband- Allows Losses of F&O Business of Wife to be clubbed with Income of Husband Where the spouse (husband) of an individual (wife) transfers some assets otherwise than for adequate consideration or in connection with an agreement ...

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Gain on Transfer of development rights of a plot cannot be treated as Short term for delay in registration of Acquisition

Jawahar Hiralal Jethani Vs DCIT (ITAT Pune)

Whatever rights the assessee acquired in the said plot started from 1997, during which year the substantial payment for purchase consideration was also made. The said consideration was recognized in the later registered document, which established the case of assessee of having acquired the rights way back in 1997. Accordingly, the gains ...

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DRP cannot set aside any proposed variation or issue any direction for further enquiry and passing of assessment order

Tieto India (P.) Ltd. Vs DCIT (ITAT Pune)

It was held that DRP’s direction to the AO for carrying out a fresh examination of the claim of the assessee u/s.10A of the Act is in violation of the clear mandate of the provisions and hence cannot be countenanced....

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TDS credit allowable in A.Y. in which corresponding income is assessable

Mahesh Software Systems Pvt. Ltd. Vs ACIT (ITAT Pune)

The AO has relied on sub-rule (1) of section 37BA for denying the benefit of TDS during the year under consideration. This part of the Rule provides that the credit for TDS shall be given to the person to whom payment has been made or credit has been given on the basis of information relating to TDS furnished by the deductor. What is mate...

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Validity of addition on issue which was not the basis for selection of case under CASS

Ganadhiraj Mazoor Sahakari Sanstha Ltd. Vs ITO (ITAT Pune)

In the absence of any permission received from Pr. CIT or the CIT, there was no merit in the order of AO in making addition on an issue which was not the basis for selection of case under CASS....

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TDS not deductible on Software Purchased with mere ‘right to use’ 

DDIT - International Taxation Vs Tetra Pak India Pvt. Ltd. (ITAT Pune)

Assessee had only purchased software internally developed by non-resident and non-resident had not passed the copyright and only ‘right to use’ had been given to assessee and as such ‘right to use’ was akin to purchase of copyrighted article and in the absence of purchase of any copyright in the article, the assessee could not be ...

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No Addition for Difference in opening and closing cash balance if no unexplained cash was introduced

ACIT Vs Chaudhary Cars Pvt. Limited (ITAT Pune)

After considering audited balance-sheet, opening cash balance and closing cash balance, AO had not doubted closing cash balance of cash as on 31-3-2011. Also, assessee had pointed out that over all cash balance had remained the same. Thus, lesser opening cash balance as on 1-4-2002 did not call for any addition during the year under consi...

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Addition for cash deposits only if source of deposits remains unexplained

Rajesh Madanlal Partani Vs ACIT (ITAT Pune)

Addition on account of cash deposits can be made only if the source of the deposits remains unexplained. If, on the other hand, the cash deposits in the bank are from the regular books of account maintained by the assessee, then such transactions cannot be said to be unexplained....

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No Section 40(a)(ia) for Non TDS deduction if Payee paid tax to government

Sai Pushpa Sharada Alliance Vs ITO (ITAT Pune)

Second proviso to section 40(a)(ia) is retrospective in nature and in such circumstances, if payee has paid tax to government account then payer cannot be held liable for non-deduction of TDS....

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Section 54F: ITAT allows Date of possession of new house instead of date of sale agreement / registration

Ayushi Patni Vs DCIT (ITAT Pune)

 Since final consideration was paid and the possession of flat was received within a period of one year prior to the date of transfer of capital asset, then the same should be considered as the date of purchase, so as to allow the benefit of deduction under section 54F to assessee....

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