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ITAT Pune

Sec 10A / 10B: Bar in section 92CA(4) not applies to suo motu TP adjustments

April 15, 2018 1734 Views 0 comment Print

Learn about ITAT Pune’s decision on deduction under section 10B/10A in relation to TP adjustment by Approva Systems Pvt. Ltd vs. DCIT.

Depreciation Eligible on Intangible asset namely Goodwill

April 9, 2018 3471 Views 0 comment Print

Goodwill is an intangible asset under section 32(1)(ii) covered within the expression ‘any other business or commercial rights of similar nature’ and, therefore, assessee was entitled to claim depreciation on such goodwill.

Order U/s. 201(1) cannot be passed after expiry of limitation period

March 13, 2018 12354 Views 0 comment Print

Vodafone Cellular recent appeal: No order under section 201(1) of the Act shall be passed after expiry of the limitation period treating assessee-in-default for non-deduction of tax at source

It is not for the TPO to decide best business strategy for assessee

March 12, 2018 2715 Views 0 comment Print

It is not for the TPO to decide the best business strategy for the assessee. The Hon’ble High Court also held that This whimsical fixation by the TPO amounts to an arbitrary and unbridled exercise of power.

Assessee entitled to claim additional depreciation on windmill

March 4, 2018 11646 Views 0 comment Print

Process of generation of electricity is akin to manufacture or production of an article or ‘thing’, therefore, assessee was entitled to claim additional depreciation under section 32(1)(iia) on windmill even prior to amendment of section 32(1)(iia) by Finance Act, 2012 as said amendment is only clarificatory in nature.

AO cannot set-off of brought forward loss before allowing remuneration to partner

February 28, 2018 9240 Views 0 comment Print

Computation of book profit is as per section 40(b) and remuneration to partner is based on current year’s “Book Profits”, while set-off of brought forward losses is to be granted in terms of section 72. Therefore, while arriving at business income, deduction of section 40(b) is to be given first and then if at all there remains positive income, brought forward losses are to be set off.

Penalty for delay in filing TDS return due to technical glitches is invalid   

February 9, 2018 2109 Views 0 comment Print

Pravin Chatarbhuj Bajaj Vs Addl. CIT (TDS) (ITAT Pune) The case of the assessee before us is that the delay in submission of e-TDS return was because of strict requirement of e-filing of the statement and filing of such e-TDS return in this year PAN of person on whose behalf tax is collected were required […]

Deduction U/s. 54F cannot be claimed on Capital gains arising in the hands of spouse

February 7, 2018 1809 Views 0 comment Print

Deduction under section 54F was in respect of capital gain arising in the hands of wife of assessee, should have been claimed in the return of income filed by the wife of assessee, therefore, claim of assessee under section 54F was liable to be rejected.

Mere low profitability of recipient firm not relevant to apply section 40A(2)(b)

January 29, 2018 2532 Views 0 comment Print

Sharp Designers and Engineers India Pvt. Ltd. (Formerly Khinvasara Investments Pvt. Ltd.) Vs ACIT (ITAT Pune) AO had not brought any comparables from market to make out that the case that impugned payment was excessive or unreasonable within the meaning of section 40A(2)(b) and based his conclusion merely on low profitability of recipient firm was […]

ITAT on section 80-IA(4) deduction claimed by filing revised return

January 29, 2018 3987 Views 0 comment Print

Assessee’s case with both original and revised returns filed in time was placed in a better position, therefore, deduction under section 80-IA was allowable, despite the same was claimed through filing of revised return.

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