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ITAT Pune

No Denial of FTC for non-filing of Form No. 67

April 23, 2023 1275 Views 0 comment Print

Filing of Form No. 67 under Rules 128 of Income Tax Rules is a procedural requirement, therefore, is a directory in nature, non-compliance thereof does not disentitled assessee in claiming Foreign Tax Credit (FTC)

Section 11 exemption not allowable if ITR not filed within due date

April 22, 2023 6450 Views 0 comment Print

Exemption u/s 11 can be availed only if return of income was filed in the manner prescribed under section 139(4A) of Income Tax Act

Warehouse Charges paid without TDS deduction disallowable u/s 40(a)(ia)

April 22, 2023 4095 Views 0 comment Print

ITAT Pune confirms disallowance under Section 40(a)(ia) for failure to deduct TDS on warehouse charges, emphasizing tax compliance in Vandana Dinehkumar Inani Vs ITO case.

Order passed with one day notice violates principles of natural justice

April 21, 2023 1512 Views 0 comment Print

Shrijit Arvindrao Pawar Vs ITO (ITAT Pune) rom mere reading of the assessment order, it would reveal that the Assessing Officer had not given reasonable opportunity to the appellant. The Assessing Officer issued notice u/s 143(2) on 18.11.2019, which was served on the appellant on 21.11.2019. The appellant also filed copy of the record of the […]

Reasons for formation of belief must have rational connection with formation of belief

April 20, 2023 684 Views 0 comment Print

It is a well settled law that, reasons for formation of belief must have rational connection with or relevant bearing on formation of belief.

Employee’s PF Contribution deposited after due date not allowable

April 19, 2023 888 Views 0 comment Print

Swaraj Excellent Manpower Facilities Pvt. Ltd. Vs DCIT (ITAT Pune) Hon’ble Supreme Court has held that the Employee’s Contribution towards Provident Fund has to be deposited before the due date mentioned in the respective statute. In this case it is an admitted position by the assessee in the Audit Report that the amount was not […]

Voluntary payment by employer out of appreciation is outside rigours of section 17(3)(iii)

April 18, 2023 7560 Views 0 comment Print

ITAT Pune held that payment made voluntarily by the employer out of appreciation for the employee falls outside the rigours of Section 17(3)(iii) of the Income Tax Act.

ITAT directs CIT(A) to adjudicate appeal filed manually instead of online

April 18, 2023 591 Views 0 comment Print

Deepak Shriniwas Mantri Vs ITO (ITAT Pune) This appeal by the assessee arises out of the order dated 26-09-2022 passed by the CIT(A) in National Faceless Appeal Centre, Delhi in relation to the assessment year 2008-09. 2. I have heard both the sides and gone through the relevant material on record. It is seen that […]

Addition of cash deposits unsustainable if reasonable & plausible explanation given

April 13, 2023 1794 Views 0 comment Print

ITAT Pune held that addition on account of cash deposits unsustainable as reasonable and plausible explanation given by the assessee.

Assessee entitled to claim depreciation on goodwill

April 13, 2023 1653 Views 0 comment Print

Value of goodwill is amount paid over & above tangible assets and values assigned to other intangible assets – Depreciation allowed

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