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ITAT Pune

Penalty u/s 271(1)(c) without opportunity to assist to Assessee – ITAT directs NFAC for fresh consideration

June 11, 2023 2001 Views 0 comment Print

Balwant Baburao Vitekar (Late) vs ITO (ITAT Pune) where the imposition of penalty under section 271(1)(c) was challenged. The appeal was allowed on the grounds that the assessee was not given the opportunity to assist in the penalty proceedings.

ITAT allows Weighted Deduction u/s 35(2AB) to Americhem Polymers

June 11, 2023 966 Views 0 comment Print

Explore ITAT Pune’s decision in Americhem Polymers vs ACIT. Key issue: Weighted deduction u/s 35(2AB) disallowance for non-submission of DSIR report.

Penalty u/s. 271(1)(c) not leviable as change in method of accounting not concealment

June 10, 2023 567 Views 0 comment Print

ITAT Pune held that change in method of accounting cannot partake character of concealment. Accordingly, penalty under section 271(1)(c) of the Income Tax Act not leviable.

Registration u/s 80G(5)(vi) denied as agreement likely to give benefit to trustees

June 9, 2023 4293 Views 0 comment Print

ITAT Pune held that registration under section 80G(5)(vi) of the Income Tax Act not granted as the agreement gives benefit of the persons covered u/s. 13(3) of the Act.

Co-Operative Societies can claim section 80P(2) deduction on Interest Received from Co-Op. Banks 

June 9, 2023 6465 Views 0 comment Print

ITAT held that Co-Operative Societies can claim Interest Received from Co-Op. Banks as Deduction u/s 80P(2) of the I. T. Act, 1961

Insertion of first and second proviso to section 50C(1) being curative in nature has retrospective effect

June 8, 2023 3549 Views 0 comment Print

ITAT Pune held that first and second proviso(es) to section 50C(1), inserted by the Finance Act 2016 w.e.f. 01.04.2017 being curative in nature inserted for removing hardships to the taxpayers and, therefore, it carries retrospective effect.

Section 80P(2)(a)(i) deductions allowed on interest from nationalized bank deposits to Co.op. Credit societies

June 7, 2023 1107 Views 0 comment Print

Explore the landmark ruling by ITAT Pune on deductions for interest income from deposits with a nationalized bank, as illustrated in the Subordinate Engineers Association MSEB Co.op. Credit Society Ltd Vs ITO case.

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

June 6, 2023 1413 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 741 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 1353 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.

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