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ITAT Pune

Section 143(3) proceeding invalid if section 143(2) notice issued to Individual instead of HUF

May 26, 2022 594 Views 0 comment Print

Gourishankar Girdharilal Lohiya (HUF) Vs ACIT (ITAT Pune) This assessee’s appeal for assessment year 2009-10 arises against the CIT(A)-1 Aurangabad’s order dated 17.02.2020 passed in case no.ABD/CIT(A)-1/199/2011-12 involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short the Act. Heard both the parties. Case file perused. 2. I straightway advert to the assessee’s […]

Fee for grant of software license, including software maintenance, consulting charges and training fees are not Royalty

May 24, 2022 11220 Views 0 comment Print

Software maintenance fees, consulting charges and training fees which are incidental to software license fee, assumes same character as that of software license fee. We held that the consideration received towards software license fee cannot be termed as Royalty.

No bar under law to initiate fresh reassessment proceedings

May 23, 2022 945 Views 0 comment Print

Shivsamarth Group Vs PCIT (ITAT Pune) Admittedly, in the present case, the order which is sought to be revised is the order dropping the reassessment proceedings u/s 147 of the Act. On carefully going through the material on record, it would be clear that the original reassessment proceedings were initiated with view to tax the […]

Section 54F exemption not allowable if no property purchased or constructed within stipulated period

May 23, 2022 2874 Views 0 comment Print

Asha Bhausaheb Thube Vs ITO (ITAT Pune) Section 54F of the Act requires assessee to purchase new residential house within a period of Two years after the date of Sale or construct within a period of Three years. In this case, it is a fact that assessee has neither purchased nor constructed a residential house […]

Provision for obsolete stock allowed as deduction

May 18, 2022 20112 Views 0 comment Print

Provision for obsolete stock be allowed as deduction subject to satisfying himself that valuation is done based on principle that at cost or market price or net realizable value, whichever is less.

Section 40A(3) : Cash payment to Labour contractor on principal-to-principal basis not allowable

May 17, 2022 16836 Views 0 comment Print

The case of the assessee is that the payments were covered under clause (k) of Rule 6DD, which provides that no disallowance will be made where the payment is made by any person to his agent who is required to make payment in cash for goods or services on behalf of such persons.

Return not become defective for mere mismatch in income as per ITR & Form 26AS

May 17, 2022 24987 Views 0 comment Print

Mismatch in income returned in ITR and FORM 26AS is not covered within purview of Explanation (a) to section 139(9) (Defective Return)

Difference in MRP & Sales price is not Commission to attract section 194H TDS

May 15, 2022 2841 Views 0 comment Print

Difference between MRP & price sold to Stockists, by no stretch of imagination, can be considered as commission or brokerage paid by assessee to its Stockists to attract section 194H TDS.

Interest on Loan for Acquiring Shares of Associate Company Allowable

May 10, 2022 3336 Views 0 comment Print

ITAT held that interest expenditure incurred on loans taken for investment in acquiring controlled interest in a Company which was in the same line of business as that of the Respondent would be allowable expenditure under section 36(1)(iii) of the Act.

Corpus donation towards building fund not chargeable to tax

May 9, 2022 4086 Views 0 comment Print

Das Bahuuddeshy Vishwast Sanstha Vs Exemption Ward (ITAT Pune) It is seen as an admitted position that the assessee received a sum of Rs.15.00 lakh from one of its trustees, which amount was spent on building construction of the school. The case of the assessee is that the amount was a corpus donation and hence, […]

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