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ITAT Pune

Section 80IB: Date of application for completion certificate is relevant

August 21, 2022 1716 Views 0 comment Print

ITAT Held that if application is moved well in time for seeking completion certificate from the Municipal Corporation and delay in issuance of completion certificate is not attributable to the assessee. Then, date of application should be considered for claiming deduction u/s 80IB

Subsidy for dispersal of industries in less developed area is capital receipt

August 16, 2022 786 Views 0 comment Print

Held that the subsidy granted for encouraging the dispersal of industries to the less developed areas of the State of Maharashtra cannot be treated as revenue receipt.

MAT Credit eligible on Surcharge, Education Cess & Additional Surcharges

August 16, 2022 2979 Views 0 comment Print

MAT credit u/s. 115JA cannot be denied on Surcharge, education cess and additional surcharge – secondary and higher education cess

TDS not deductible on interest paid by Co-op. Bank to Nominal members

August 16, 2022 5802 Views 1 comment Print

Mandheshwari Urban Development Co-op. Bank Ltd. Vs ACIT (ITAT Pune) issue in the present appeal relates to whether a nominal member, who is not a registered member of the society, can be treated as a member of the cooperative society whether the exemption is available under clause (v) of sub-section (3) of section 194A of […]

Interest on delayed TDS payment not allowable as Deduction

August 16, 2022 1197 Views 0 comment Print

ITAT held that interest on delayed payment of TDS cannot be allowed as deduction in terms of section 40(a)(ii) of Income Tax Act, 1961.

Section 54B- Land Re-purchased need not be Agricultural on Re-Investment date

August 14, 2022 1584 Views 0 comment Print

Legislature has nowhere incorporated that the lands re-purchased in section 54B deduction claim have to be agricultural on re-investment date

Section 271B penalty not imposable for non-business income transactions

August 10, 2022 1380 Views 0 comment Print

AR contends that there were no sales or purchase made by the assessee during the year under consideration and the additions made on account of unexplained cash deposits, unexplained investments, unexplained other investments and unexplained profit on sale of land to an extent of Rs.15,40,26,567/- is not turnover as the investments and sale of land was in the nature of capital gain but not in the category of business income.

Revenue cannot debar genuine refund of Assessee for non-payment of TDS by deductor

August 10, 2022 987 Views 0 comment Print

Revenue has sufficient machinery to recover such amount of TDS deducted from the defaulting assessee but this is not the right way for the revenue to collect the tax again or debar genuine refund to the assessee who has already suffered taxation at source.

Expense on let out commercial property maintenance- Section 11 Exemption

August 10, 2022 747 Views 0 comment Print

Where surplus funds were utilized for additions to a building, which was let out and the income thereof applied for charitable or religious purposes, the utilization of such surplus was held to amount to application of income for religious or charitable purposes

Exemption u/s 11 available to education activities resulting in university degrees

August 5, 2022 1185 Views 0 comment Print

Held that assessee providing education activities only which results in university degrees in various courses is eligible for exemption u/s 11.

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