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ITAT Pune

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 4350 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 17751 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 807 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.

Stamp value on agreement date should be applied for section 56(2)(vii)(b) if conditions fulfilled

October 21, 2022 3126 Views 0 comment Print

ITAT Pune rules in favor of Sanjay Dattatraya Dapodikar. Section 56(2)(vii)(b) not applicable in 2015, stamp value on 2008 agreement considered.

Disallowance u/s 10B(7) r.w.s. 80IA(10) with material evidence is unsustainable

October 19, 2022 612 Views 0 comment Print

ITAT Pune held that AO had not brought any material indicating the existence of an arrangement between the assessee company and its foreign AE, as a result of which more profits than ordinarily have been produced to the assessee company. Hence, provisions of section 10B(7) r.w.s. 80IA have no application.

Ao allowed interest on Loan on wrong assumption of facts: Exercise of section 263 Jurisdiction Valid 

October 18, 2022 627 Views 0 comment Print

AO had wrong assumption of facts and by applying incorrect law without due application of mind allowed claim of interest paid on borrowed capital u/s. 24(b). Therefore, in our opinion, PCIT correctly exercised its jurisdiction

Penalty cannot be imposed on declared income shown in return of income 

October 14, 2022 2556 Views 0 comment Print

DCIT Vs Mahalaxmi Realtors (ITAT Pune) ITAT held that findings in the assessment proceedings cannot be regarded as conclusive for the purpose of the penalty proceedings. It is also well settled that the criteria and yardstick for the purpose of imposing penalty u/s 271(1)(c) are different than those applied for making or confirming the addition. […]

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