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ITAT Pune

Waiver of cash loan not income within the purview of section 28(iv)

May 1, 2023 1338 Views 0 comment Print

ITAT Pune held that waiver of cash loan by holding company is not income within the purview of section 28(iv) of the Income Tax Act. Accordingly, addition unsustainable.

NFAC can entertain fresh claims without a revised return

April 28, 2023 744 Views 0 comment Print

Pre-condition of filing of a revised return nowhere impinges upon jurisdiction of various appellate forums; NFAC can very well entertain even fresh claims without a revised return.

ITAT deletes addition for Cash deposit during demonetization out of Alimony

April 28, 2023 2022 Views 0 comment Print

Deepa Satish Borse Vs  Income Tax Officer (ITAT Pune) ITAT held that once it has come on record that the assessee’s matrimonial matter has already supported her case of having received the impugned sum by way of cash prior to demonetization for maintenance of herself and their sole girl child followed by similar arrangement post […]

TDS deductible on interest payment by Co-Op bank to Minors & Unregistered Firms

April 25, 2023 603 Views 0 comment Print

In the case of the assessee, it is an admitted fact that minors and unregistered firms cannot become members of the society. Thus, assessee had paid interest to minor and unregistered firms who were not members of the assessee. This is violation of section 194A of the Act.

Principle of fraud applies on failure to establish why shops were sold at loss to partners

April 24, 2023 912 Views 0 comment Print

ITAT Pune held that as the assessee failed to establish why the shops were sold at loss to the partners and interest persons, principle of fraud squarely gets applicable. Accordingly, disallowance of loss duly justified.

ITAT restores matter to CIT(E) as his order was non-speaking order

April 23, 2023 1029 Views 0 comment Print

CIT(E)’s order is also a non-speaking one to this extent we deem it appropriate to restore the assessee’s substantive grievance back to the very authority for appropriate adjudication as per law

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 6480 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 4110 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 1515 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 […]

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