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ITAT Pune

TDS credit cannot be denied for non-furnishing of declaration u/r 37BA(2) while clubbing of income

February 28, 2023 7197 Views 0 comment Print

ITAT Pune held that mere non-furnishing of declaration to the bank in terms of proviso to rule 37BA(2) of the Income Tax Rules, the amount of tax deducted at source on interest on bank deposit cannot be disallowed while clubbing of the income.

Exemption u/s 11 doubtful as condition of advancement of any other object of general public utility not satisfied

February 27, 2023 621 Views 0 comment Print

ITAT Pune held that as assessee does not satisfy the condition of advancement of any other object of general public utility, its eligibility for benefit of exemption under section 11 of the Income Tax Act is doubtful.

Amount paid by employee due to breach of non-compete agreement cannot be taxed as salary

February 26, 2023 1989 Views 0 comment Print

ITAT Pune held that amount refunded back to the employer on account of breach of non-compete agreement by the employee cannot be construed as salary for the purpose of charging income tax.

Date of possession is considerable as actual purchase date for claiming exemption u/s 54

February 25, 2023 9906 Views 0 comment Print

ITAT Pune held that as on the date of agreement, the building was not constructed, the date of possession will be considered as actual date of purchase for the purpose of claiming exemption under section 54 of the Income Tax Act.

Deduction u/s 43B is allowable in case of interest paid on customs duty

February 21, 2023 4350 Views 0 comment Print

ITAT Pune held that interest paid on customs duty is allowable as deduction under section 43B of the Income Tax Act 1961.

Non-discussion of issue in assessment order doesn’t make it erroneous & prejudicial to interest of revenue

February 18, 2023 1413 Views 0 comment Print

Ajay Engineering and Agricultural Equipment Company Vs PCIT (ITAT Pune) ITAT Pune held that AO did not specifically discuss the five issues in the assessment order, however, assessment order does not satisfy the second condition of being prejudicial to the interest of the Revenue. Simply non-discussion of an issue in assessment order does not render […]

Repair and renovation of asset is allowable as revenue expenditure

February 18, 2023 8025 Views 0 comment Print

ITAT Pune held that expenditure incurred on repairs and renovation of the asset is revenue expenditure as no new asset has been created.

Non-compliance with communication u/s 143(1)(A) on account of technical glitches in IT portal justified

February 17, 2023 978 Views 0 comment Print

ITAT Pune held that non-compliance with communication under Section 143(1)(A) of Income Tax Act 1961 due to IT-Website technical glitches was unintentional and beyond the control of appellant. Accordingly, exemption in the evince of Form No 10B duly available.

CPC cannot go beyond return of income while processing return of income u/s 143(1)

February 17, 2023 1179 Views 0 comment Print

Lions Nab Community Eyecare Centre Vs DCIT (ITAT Pune) Appellant filed the return of income in Form No.5. However, no documents were filed along with the return of income justifying the claim for exemption u/s 11 of the Act. It is only after receipt of intimation, the appellant took a plea that its income was […]

Mere unsustainable claim not amounts to furnishing inaccurate particulars of Income

February 17, 2023 1155 Views 0 comment Print

Galaxy Construction and Contractors Pvt. Ltd. Vs DCIT (ITAT Pune) The issue in the present appeal relates to levy of penalty under the provisions of section 271(1)(c) of the Act. The penalty was levied by the Assessing Officer in respect of addition made under the provisions of section 36(1)(iii) of the Act. It is an […]

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