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ITAT Pune

ITAT deletes Section 271B penalty imposed by AO on commission agent

January 6, 2023 7287 Views 0 comment Print

Bablu Kumar Harinarayan Gupta Vs ITO (ITAT Pune) ITAT held that it is not fit case for levy of penalty u/s 271B merely because the appellant was unable to substantiate the submission that the appellant is only commission agent because there is no obligation on the part of the assessee to get the accounts audited […]

ITAT upheld 100% Disallowance for Bogus/Hawala Purchase by Govt Civil Contractor

January 6, 2023 2691 Views 0 comment Print

In the present case, it has been categorically established that, the amount of bogus purchases ₹64,33,495/- is debited to P&L by fictitious tax invoices

Customs duty drawback of preceding assessment years written-off as prior period item

January 5, 2023 1140 Views 0 comment Print

ITAT Pune held that customs duty drawback relating to preceding assessment years can be written-off ‘as prior period item’.

Deduction u/s 80P(2)(d) available to co-operative society for interest earned from investment with co-operative bank

January 4, 2023 4374 Views 0 comment Print

ITAT Pune held that interest income of co-operative society from investments/ deposits parked with co-operative bank is allowable as deduction to co-operative society under section 80P(2)(d) of the Income Tax Act.

Deemed rental income from unsold stock of Flats is taxable as house property income 

January 3, 2023 5130 Views 0 comment Print

There is no provision under the head Profits and Gains from business or profession which deems the rental income from unsold flats held as stock as Business income.

Employee’s contribution to PF not deposited before due date as per EPF Act is not allowable

January 2, 2023 729 Views 0 comment Print

In this case employee’s contribution to PF was not deposited before due date mentioned in Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. Hence, impugned amount has been rightly disallowed by AO.

No Addition for cash deposit due to wrong particulars of PAN given by Bank

January 1, 2023 1968 Views 0 comment Print

Parvez Peerpasha Inamdar Vs PCIT (ITAT Pune) It is seen that the only reason taken note of by the ld. PCIT for revising the assessment order is that the assessee had deposited Rs.92.25 lakh in his savings bank account which was not properly examined by the AO. The assessee categorically submitted before the AO that […]

ITAT deletes penalty for Failure to get Accounts Audited due to ill health of Wife

January 1, 2023 897 Views 0 comment Print

The assessee pleaded a reasonable cause before the AO that the audit could not be carried out because of ill-health of his wife, which further worsened the family problems. Section 271B is subject to provisions of section 273B which provides that in case of a reasonable cause, penalty under the concerned section need not be imposed.

ITAT refuses to Condones delay of 1315 days in appeal filing as no reasonable cause exist

December 31, 2022 381 Views 0 comment Print

Janata Urban Co-op. Bank Ltd. Vs ACIT (ITAT Pune) The impugned order was passed in 2017, the appeal was filed in 2021. The assessee has filed return of income which clearly shows that the assessee is supported by professionals having expertise in Income Tax procedures. The delay of 685 days cannot be accepted as the […]

Education cess is not allowable deduction

December 30, 2022 1944 Views 0 comment Print

ITAT Pune held that payment of Education Cess (including secondary and higher secondary education), is an additional surcharge levied on income-tax and hence it partakes the character of Income-tax, and accordingly is not allowable deduction.

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