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ITAT Pune

Sale of sugar to members at concessional rate vis-à-vis appropriation of profit needs reconsideration

June 6, 2023 1383 Views 0 comment Print

ITAT Pune held that difference between average price of sugar sold in the market and that sold to members at concessional rate is appropriation of profit or not needs re-consideration. Accordingly, matter restored.

Penalty u/s 271AAA leviable on failure to substantiate source & manner of undisclosed income

June 1, 2023 738 Views 0 comment Print

ITAT Pune held that penalty under section 271AAA of the Income Tax Act leviable as assessee failed to substantiate the source as well as the manner of the undisclosed income.

Late fee u/s 234E leviable prospectively from 01.06.2015

May 31, 2023 1344 Views 0 comment Print

ITAT Pune held that late fees u/s 234E of the Income Tax Act can be levied only prospectively with effect from 01.06.2015.

Penalty u/s 271(1)(c) leviable on additional income disclosed out of seized material

May 31, 2023 1623 Views 0 comment Print

ITAT Pune held that penalty u/s 271(1)(c) of the Income Tax Act duly leviable in case the additional income is disclosed in ITR filed u/s 153A and such additional income is originated out of seized material.

Amendment in section 155(19) to be considered while dealing with excess sugar cane price above FRP

May 31, 2023 1425 Views 0 comment Print

ITAT Pune held that excess sugar cane prices over and above the Fair and Remunerative Price (FRP) fixed by the Government is to be determined as per latest statutory amendment in Section 155(19) of the Income Tax Act.

Default in Furnishing TDS Statement: Section 200A applicable from June 2015

May 31, 2023 10866 Views 0 comment Print

ITAT Pune rules that fee for default in TDS statement under Section 234E of the Income Tax Act applies only after June 1, 2015.

Interest on NPAs not taxable on accrual basis

May 30, 2023 2790 Views 0 comment Print

ITAT Pune held that it is settled legal position that interest on (Non-Performing Assets) NPAs cannot be taxed on accrual basis.

Addition of difference of turnover in audit report and ITR sustained as no proper justification offered

May 29, 2023 2442 Views 0 comment Print

ITAT Pune held that no proper justification offered by the assessee in respect of difference of turnover reported in audit report and ITR. Accordingly, addition towards the said difference sustained.

Enhanced cost not substantiated with cogent evidence not allowable as cost of acquisition

May 28, 2023 510 Views 0 comment Print

ITAT Pune held that as enhanced cost of acquisition not substantiated with cogent evidence, the same is not allowable as cost of acquisition of transferred assets.

PCIT cannot invoke section 263 for mere non-satisfaction with conclusion arrived by AO

May 22, 2023 762 Views 0 comment Print

ITAT Pune held that the conclusion arrived by AO on his satisfaction of details furnished by the assessee, cannot be found to be erroneous simply because Pr. CIT does not feel satisfied with the said conclusion. Accordingly, invocation of revisionary jurisdiction u/s 263 unjustified.

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