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ITAT Pune

Deduction u/s 54B ineligible if land not used for agricultural purpose

December 23, 2022 1116 Views 0 comment Print

ITAT Pune held that deduction under section 54B of the Income Tax Act is available only if the land was used for agricultural purpose in the immediate two preceding years. in absence of the same, deduction u/s 54B ineligible.

Addition u/s 68 merely based on presumption/ suspicion is unsustainable

December 23, 2022 1620 Views 0 comment Print

ITAT Pune held that addition u/s 68 of the Income Tax Act merely on the basis of presumption or suspicion without any corroborated evidence is unsustainable.

Repair & maintenance of workshop/ showroom is revenue expenditure

December 22, 2022 1614 Views 0 comment Print

ITAT Pune held that repairs & maintenance expenditure incurred in rented workshop and showroom is revenue expenditure and allowable as deduction under section 30(a)(i) of the Income Tax Act,1961

Compensation for pre-closure of BOT project is capital receipt hence not taxable

December 22, 2022 756 Views 0 comment Print

ITAT Pune held that the amount received as compensation for pre-closure of BOT (Build, Operate, Transfer) project is capital receipt. Hence, treating the same as revenue receipt by invoking provisions of section 28(ii)(d) of the Income Tax Act is unsustainable in law.

Exemption u/s 80G granted to trust inspite of some expenses incurred for religious purpose

December 19, 2022 1893 Views 0 comment Print

ITAT Pune held that if Trust/Institution incurs expenses for religious purposes which is inclusive and is only a small part of the income, and if the substantial work done by the trust is charitable in nature benefitting the public at large then the institution or trust has to be granted exemption u/s 80G of the Act.

Benefit of carry forward and set off available to amalgamating company is also available to amalgamated company

December 16, 2022 2229 Views 0 comment Print

ITAT Pune held that as the business of amalgamating company continues uninterruptedly by amalgamated company, the benefit of carry forward and set off earned by amalgamating company is available to amalgamated company.

Foreign exchange gain/ loss from ordinary course of business is operating cost/ revenue

December 15, 2022 4863 Views 0 comment Print

ITAT Pune held that foreign exchange gain/loss which has arisen from exports/imports of the product/materials which are in the ordinary course of business of the assesses are included as operating cost.

Revision power u/s 263 cannot be invoked if enquiry conducted by AO

December 14, 2022 2289 Views 1 comment Print

ITAT Pune held that if there was enquiry conducted by the AO even if the enquiry in inadequate there will be no occasion to the Commissioner to exercise the power of revision u/s 263 of the Income Tax Act.

Disallowance of 1% reasonable as share transactions manipulated via entry provider

December 13, 2022 591 Views 0 comment Print

ITAT Pune held that disallowance of 1% is reasonable as admittedly the share transactions were manipulated through entry provider stockbrokers in order to obtain fraudulent income by rigging share prices and selling them in order to justify the unaccounted income of the assessee.

Genuine Business Transactions not covered under Section 40A(3)

December 12, 2022 495 Views 0 comment Print

Govind Ramprashad Baheti Vs ITO (ITAT Pune) The assessee admittedly runs Baba Ramdev Krishi Seva Kendra involving primarily rural customers engaged in agricultural activities. And that he carries out his business activities regarding sale of various agricultural products only. There is further no dispute that the recipient herein is also engaged in very line of […]

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