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ITAT Pune

Section 234E TDS late Return filing fee applicable from 01-06-2015

January 13, 2023 1299 Views 0 comment Print

Section 200A deals with processing of TDS statement & Clause (c) of sub-section (1) of section 200A was inserted w.e.f. 01-06-2015 providing for levy of fee u/s. 234E

No addition towards notional rent as residential asset held as stock-in-trade

January 11, 2023 1581 Views 0 comment Print

ITAT Pune held that addition of notional rental not sustainable as the residential assets held in stock-in-trade.

Disallowance of PF ESIC vide 143(1) intimation is correct: ITAT-Pune

January 6, 2023 1686 Views 0 comment Print

Cemetile Industries Vs ITO (ITAT Pune) These appeals by different assessees are directed against the confirmation of disallowance u/s.36(1)(va) of the Income-tax Act, 1961 (hereinafter also called ’the Act’) made in the Intimations issued u/s.143(1) of the Act or thereafter its confirmation in the respective rectification orders for the assessment years 2017-18 to 2020-21. Due […]

Profit & gains arising from transfer of interest in Hydro Projects taxable under income from business

January 6, 2023 708 Views 0 comment Print

ITAT Pune held that profits and gains arising from transfer of interest in Hydro Projects is income from business and not income under the head ‘short term capital gains’.

Re-assessment based on information from DIT(Inv.)-II office is sustainable

January 6, 2023 1143 Views 0 comment Print

ITAT Pune held that information from the office of DIT (Inv.)-II is a tangible information enabling AO to form a belief that income has escaped assessment and hence proceedings of re-assessment justified.

ITAT deletes Section 271B penalty imposed by AO on commission agent

January 6, 2023 7083 Views 0 comment Print

Bablu Kumar Harinarayan Gupta Vs ITO (ITAT Pune) ITAT held that it is not fit case for levy of penalty u/s 271B merely because the appellant was unable to substantiate the submission that the appellant is only commission agent because there is no obligation on the part of the assessee to get the accounts audited […]

ITAT upheld 100% Disallowance for Bogus/Hawala Purchase by Govt Civil Contractor

January 6, 2023 2526 Views 0 comment Print

In the present case, it has been categorically established that, the amount of bogus purchases ₹64,33,495/- is debited to P&L by fictitious tax invoices

Customs duty drawback of preceding assessment years written-off as prior period item

January 5, 2023 942 Views 0 comment Print

ITAT Pune held that customs duty drawback relating to preceding assessment years can be written-off ‘as prior period item’.

Deduction u/s 80P(2)(d) available to co-operative society for interest earned from investment with co-operative bank

January 4, 2023 4083 Views 0 comment Print

ITAT Pune held that interest income of co-operative society from investments/ deposits parked with co-operative bank is allowable as deduction to co-operative society under section 80P(2)(d) of the Income Tax Act.

Deemed rental income from unsold stock of Flats is taxable as house property income 

January 3, 2023 4008 Views 0 comment Print

There is no provision under the head Profits and Gains from business or profession which deems the rental income from unsold flats held as stock as Business income.

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