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ITAT Pune

Premium paid by company on insurance policy taken by director not allowable

February 16, 2023 16554 Views 0 comment Print

Insurance policy was not taken by company under key man insurance & Merely, amount was paid by it so premium not allowed as business deduction

Section 272A(1)(d) penalty not leviable if AO not acted on adjournment request of assessee

February 15, 2023 7383 Views 0 comment Print

No prejudice was caused to the Assessing Officer on account of non-complying with the notice u/s 142(1) issued on 05.09.2019 and inaction of the Assessing Officer on the adjournment petition moved by the assessee would also enable the appellant to believe that the time to comply with the extension of time as prayed was granted.

Addition of unexplained cash credit sustained as genuineness and creditworthiness not proved

February 10, 2023 1281 Views 0 comment Print

ITAT Pune held that addition of unexplained cash credit sustained as mere filing of documentary evidence doesnt absolve proving of genuineness and creditworthiness of the unsecured loans.

TDS on Salary deducted by employer allowable despite non-deposit

February 9, 2023 36618 Views 1 comment Print

Requirement to allow TDS credit on Salary is only of amount of tax deducted at source & not getting deposited with Government after deduction.

Incentives from Rajasthan Investment Promotion Scheme 2010 is capital receipt

February 7, 2023 600 Views 0 comment Print

ITAT Pune held that incentives receivable as per the Rajasthan Investment Promotion Scheme 2010 is capital receipt in nature and therefore not taxable.

Tax audit mandatory as gross receipts above prescribed limit

January 31, 2023 3477 Views 0 comment Print

ITAT Pune held that bonafide belief that as there is no sales there is no need of tax audit is not acceptable as Gross receipt of the assessee is more than INR 1 Crore. Accordingly, penalty u/s 271B imposable for default in not getting books audited.

Section 56(2)(vii) applies to purchaser of capital asset & Section 50C to Buyer

January 29, 2023 3846 Views 1 comment Print

Bharat Keshavlal Shah Vs PCIT (ITAT Pune) Lastly comes the issue of section 56(2)(vii) made applicable in assessee’s case on account of alleged difference between stamp valuation and actual purchase consideration qua the sale deed executed in the relevant previous year. A perusal of the said sale deed dated 31.12.2013, and more particularly, the schedule […]

Remuneration to directors cannot be disallowed merely because dividend could have fetch more tax

January 29, 2023 2430 Views 0 comment Print

The AO had made out a case that if the assessee company had paid dividend instead of remuneration to directors, such payment would have been fetched more tax. In our considered opinion, there is no question of changing the character of transaction from payment of salary to the possible payment of dividend, resulting into potential higher inflow of tax.

Income from unsold flats held as stock taxable as Income from House property

January 29, 2023 933 Views 0 comment Print

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

Assessment order passed in the name of non-existing entity is null & void ab initio

January 28, 2023 1908 Views 0 comment Print

DCIT Vs Barclays Global Service Centre Private Limited (ITAT Pune) The issue that arises for our consideration is whether or not an assessment order passed in the name of amalgamating company i.e. non-existing company, is valid in the eyes of law. There is no dispute about the fact that the factum of amalgamation was put […]

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