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ITAT Pune

Leadership training receipts not taxable as per India – Portuguese DTAA

November 14, 2022 867 Views 0 comment Print

ITAT Pune held that leadership training receipts is not chargeable to tax in the light of Article 12(4)(b) of DTAA between India and Portuguese

Interest u/s 201(1A) for delay in depositing TDS is unescapable

November 12, 2022 2319 Views 0 comment Print

ITAT Pune held that interest u/s 201(1A) was charged on account of ex-facie delay in depositing the deducted tax within the stipulated due dates and such levy is automatic and without escapement.

Primary Rate Interface is not fees for technical service hence TDS u/s 194J not deductible

November 7, 2022 2334 Views 0 comment Print

BMC Software India P. Ltd Vs DCIT (ITAT Pune) ITAT Pune held that charges of Primary Rate Interface doesn’t require human intervention and hence doesn’t qualify as fees for technical services. Accordingly, TDS not deductible u/s 194J of the Income Tax Act. Facts- Assessee challenged the disallowance of Primary Rate Interface (PRI) line charges paid […]

Advance pricing agreement is applicable only to specified assessment years

November 7, 2022 921 Views 0 comment Print

ITAT held that advance pricing agreement APA is applicable only for specified time span not exceeding five consecutive previous years u/s.92CC(4) r.w. sub section (9A)

Income Tax return filed belatedly cannot be revised under section 139(5)

November 7, 2022 1191 Views 0 comment Print

Income Tax Return revision right under section 139(5) was denied and not at all available to assessee who has filed belated return under section 139(4).

Depreciation allowable on table, tools, trollies used in laboratory at rate applicable on machinery

November 4, 2022 846 Views 0 comment Print

ITAT Pune held that depreciation on items like stainless steel table, tools, trollies used by scientist or lab technicians in laboratory are used for production of vaccine/ other is allowable at the rate applicable to plant and machinery

Condonation not granted due to casual approach of the appellant

November 2, 2022 1251 Views 0 comment Print

ITAT Pune rejected the petition for condonation of delay in filing an appeal as it was found that the appeal was casual, non-serious and non-vigilant in preferring appeal against the impugned orders.

No section 40A(3) disallowance for Cash payment as part of sale consideration which is incorporated in purchase deed

October 28, 2022 4347 Views 0 comment Print

Shivaji Bhimaji Gaikwad Vs ITO (ITAT Pune) No section 40A(3) disallowance for Cash payment for land as part of sale consideration which is incorporated in purchase deed Brief facts relating to the issue on hand are that the assessee is an individual and derives income from land deals and construction. The assessee filed return of […]

Addition u/s 56(2)(vii)(b) sustained as immovable property received without consideration

October 25, 2022 17748 Views 0 comment Print

ITAT Pune held that addition u/s 56(2)(vii)(b) of Income Tax Act sustainable as assessee failed to prove that the developer had agreed to share its developed area; which in turn, had come to the assessee from his father by way of nomination.

CIT(A) considered issue not forming part of appeal – ITAT remit matter back to CIT(A)

October 25, 2022 804 Views 0 comment Print

ITAT Pune remands to CIT(A) for discrepancy issue in Sanjay Dayal vs ITO. Assessee’s appeal partly allowed for statistical purposes.

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