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ITAT Pune

Addition to income on account of reversal of provision for royalty deleted in Skoda Auto case

May 25, 2018 1782 Views 0 comment Print

Advocate Akhilesh Kumar Sah DCIT Vs. M/s. Skoda Auto A.S. (ITAT Pune) In this case, one of the ground raised by Revenue was whether in the facts and circumstances of the case, the Dispute Resolution Panel was right in directing AO to delete proposed addition on account of reversal of provision for Royalty of Rs.1,39,18,474/-, […]

Scope of limited scrutiny cannot be extended without approval of administrative CIT

May 4, 2018 8634 Views 0 comment Print

Suresh Jugraj Mutha Vs Addl.CIT (ITAT Pune) Conclusion: It is outside the jurisdiction of AO converting the limited scrutiny case like the present one to the unlimited one without the approval of Administrative Commissioner of Income Tax. Facts – Assessee filed the return and the case was taken up for limited scrutiny for the purpose […]

Assessment U/s. 153A: No incriminating material found, no addition can be made

April 26, 2018 2085 Views 0 comment Print

As there was no incriminating material found during search, no addition could be made because on the date of search no regular assessment was pending.

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

April 15, 2018 1800 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 3525 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 12444 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 2772 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 11727 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 9357 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 2172 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 […]

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