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ITAT Pune

Partnership cannot be treated as AOP merely for execution of deed on inadequate stamp paper

December 6, 2020 8154 Views 0 comment Print

Kachhi Heritage Vs ACIT (ITAT Pune) Grounds of Appeal 1. On the facts and in the circumstances of the case and in law the Learned Assessing Officer erred in treating the status of the partnership firm as AOP for the reason that partnership deed is executed on an inadequate stamp paper. Your appellant submits that […]

Section 80IAC deduction allowable on sale of scrap

December 5, 2020 2379 Views 0 comment Print

ACIT Vs Finolex Cables Limited (ITAT Pune) The solitary issue involved in the appeal of the Revenue for A.Y. 2012-13 relating to the assessee‟s claim for deduction u/s 80IC of the Act in respect of sale of scrap is squarely covered in favour of the assessee by various decisions of Tribunal rendered in assessee‟s own […]

ITAT allows interest Paid to Partnership Firm

December 4, 2020 3417 Views 0 comment Print

Rajesh Madanmohan Chaudhary Vs ITO (ITAT Pune) The assessee in the present case is an individual who is a partner in eight partnership firms. The return of income for the year under consideration was filed by him on 17.10.2016 declaring a loss of Rs.20,74,862/-. During the course of assessment proceedings it was noticed by the […]

Subsidy cannot be treated as a payment to meet any portion of actual cost of Capital Asset

November 10, 2020 1992 Views 0 comment Print

ACIT Vs Inox Air Products Private Limited (ITAT Pune) The only issue raised in the assessee’s appeal is against  the direction of the ld. CIT(A) for reducing the amount of subsidy from the value of assets for the purpose of granting depreciation. From Explanation 10 to section 43(1) of the Act it is immensely clear […]

No TP addition in respect of international transaction of payment of Regional Service Charges in case value within tolerance range

November 4, 2020 2709 Views 0 comment Print

No transfer pricing addition in respect of international transaction of payment of Regional Service Charges pertaining to five intra-group services could be made because even if presume that the comparable uncontrolled transaction was at zero mark-up, still the value of the international transaction was within the notified tolerance range.

Loss due to foreign exchange currency rate fluctuation on reinstatement of ECB loan

October 29, 2020 4086 Views 0 comment Print

Aesseal India Pvt. Ltd. Vs ITO (ITAT Pune) The only issue that arises for our consideration is whether the loss arising out of reinstatement of the ECB loan as on date of balance sheet can be added to the actual cost of asset for the purpose of determining the actual cost u/s 43A of the […]

No Addition u/s 14A for Non Consideration of  Share Application Money as Investment Yielding Exempt Income

October 28, 2020 930 Views 0 comment Print

The issue under consideration is whether the addition made by AO u/s 14A read with rule 8D is justified in law? Respectfully following the precedent, ITAT set-aside the impugned order on this score and order to delete the disallowance.

No disallowance under Rule 8D(2)(ii) r.w. Section 14A if Investment were out of Interest Free Funds

October 26, 2020 1824 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct in confirming the disallowance made by the Assessing Officer u/s.14A read with Rule 8D(2) of the Income Tax Rules, 1962?

Addition for understatement of debtors not sustainable if Sales not disputed

October 21, 2020 1389 Views 0 comment Print

DCIT Vs Sheth & Sura Engineers Private Ltd. (ITAT Pune) It is an undisputed fact that the entire turnover of the assessee is exclusively from Government Department and the said turnover has not been disputed by the Assessing Officer. The Assessing Officer has also not considered the debtors of other divisions and only considered debtors […]

Section 12AA registration cannot be denied for mere non-spend of income for charitable activities

October 13, 2020 1020 Views 0 comment Print

Dr. NT Ghatte Charitable Trust Vs. CIT (ITAT Pune) Merely because the trust has not spent any amount of its income for charitable activities and the fact that the trust has not spent any amount of income for charitable purpose does not amount to carrying on the activities contrary to its objects. The submission of […]

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