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ITAT Pune

ITAT explains Provisions of Clubbing of Income of Wife with Husband

January 20, 2020 11388 Views 0 comment Print

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 to […]

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

January 16, 2020 3720 Views 0 comment Print

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.

Section 54F: Reinvestment in name of wife allowed but not in the name of son

January 6, 2020 6390 Views 0 comment Print

Sakharam Bhondve Vs ITO (ITAT Pune) The issue under consideration is whether the deduction u/s 54F for reinvestment against Capital gain in the name of wife and son will be allowed or not? As per the judgement of the Hon’ble Bombay High Court in the case of Kamal Wahal (supra): “It also noted that a […]

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

December 24, 2019 3513 Views 0 comment Print

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 consideration as no unexplained cash was introduced in books of account.

CIT cannot ask AO to look beyond purview of limited scrutiny

December 5, 2019 1191 Views 0 comment Print

The Ld. Pr. Commissioner of Income Tax wants the Assessing officer to look into various other issues of the assessee which were not covered within the purview of the

Commission to Director cannot be disallowed without examining appointment terms

November 21, 2019 1368 Views 0 comment Print

Kirloskar Oil Engines Limited Vs JCIT (ITAT Pune) The issue under consideration is whether the disallowance made for commission paid to director u/s. 40A(2) is justified? ITAT states that, the assessee is against disallowance of commission paid to Shri Atul Kirloskar u/s. 40A(2) of the Act. It is an undisputed fact that in earlier assessment […]

Section 54B Deduction not claimed in return- Can CIT(A) Allow

October 6, 2019 2361 Views 0 comment Print

ITO Vs Smt. Uma Dnyanoba Bhintade (ITAT Pune) The limited issue which arises in the present appeal filed by Revenue is against directions of CIT(A) in allowing the benefit claimed under section 54B of the Act by Assessing Officer, in case the assessee has fulfilled all the conditions laid down in the said section. Admittedly, […]

Section 147 Assessment invalid if reasons recorded for reopening not furnished

October 3, 2019 3309 Views 0 comment Print

The issue under consideration is whether Non-furnishing of reasons recorded for reopening of assessment made the entire assessment u/s 147 invalid in law?

Section 80P deduction allowable to co-op credit societies despite loans to nominal members

September 23, 2019 11343 Views 0 comment Print

Assesse-cooperative society registered under the Maharashtra Co-op. Society Act, 1960 was entitled for exemption under section 80P on giving of loans to members/nominal members as the definition of  ‘member’ given in section 2(19) of the Maharashtra Co­operative Societies Act took within its sweep even a nominal member, associate member and sympathizer member and there was no distinction made between duly registered member and nominal, associate and sympathizer member.

Tax credit to be granted in the year in which income is assessed

September 20, 2019 1227 Views 0 comment Print

Many a times, we come across cases where the invoice has been raised close to the cut-off date, i.e. closer to the end of a financial year and the customer has accounted for and paid the invoice amount, as well as deducted and deposited the tax at applicable rates in the subsequent financial year.

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