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ITAT Pune

Section 234E Late fee is automatic and not discretionary

July 17, 2022 7389 Views 1 comment Print

Held that when there is a delay, a late fee u/s 234E and 200A of the Act is automatic and there is no discretion not to levy late fees with the TDS Officer.

Set off of brought forward business loss & unabsorbed depreciation not available to ingenuine demerger

July 15, 2022 1431 Views 0 comment Print

Held that benefit of carried forward business losses and unabsorbed dep. u/s. 72A available only if the amalgamation/demerger is genuine

Section 54B exemption allowable even if land was cultivated only for few days during Relevant Years

July 13, 2022 678 Views 0 comment Print

Term two years has been interpreted to mean that not during the whole period of two years, even if the land is used for some days in the earlier year, it would be sufficient for compliance of provisions of section 54B

Expenditure disallowed as necessary conditions of revenue expenditure not satisfied

July 10, 2022 903 Views 0 comment Print

Held that assessee had failed to satisfy the conditions precedent to claim as revenue expenditure, as the expenditure was incurred during the previous year relevant to the assessment year under consideration. Therefore, the claim cannot be allowed as deduction

ITAT restricts disallowance of Car expenses to 15% for personal use

July 10, 2022 2676 Views 0 comment Print

Jaykumar Mangilal Nagori Vs ITO (ITAT Pune) It is indisputable that the assessee could not lead any evidence to demonstrate that the user of the car was restricted only to business purposes and did not percolate for personal use. Even the auditor has also mentioned that the personal element in vehicle expenses could not be […]

Section 54 exemption denial on property purchases in Sons name- AO should follow view of jurisdictional HC

July 10, 2022 2622 Views 0 comment Print

Urmila Madhukar Ved Vs ITO (ITAT Pune) This appeal by the assessee emanates from the order passed by the CIT(Appeals)-7, Pune on 11-09-2019 in relation to the assessment year 2010-11. 2. The only issue raised in this appeal is against the denial of exemption u/s.54 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) […]

AO cannot disallow agricultural expenses without any rational basis

July 3, 2022 1047 Views 0 comment Print

Shrikrishna Khandsari Sugar Mills Vs ITO (ITAT Pune) The only issue raised in this appeal is against the confirmation of disallowance of Rs.4,19,970/- made by the Assessing Officer (AO) in respect of agricultural expenses. Briefly stated, the facts of the case are that the assessee has been engaged in manufacturing and trading in Khandsari sugar […]

Rent from unsold flats to builder taxable as House Property income

July 3, 2022 2646 Views 0 comment Print

Rental income received from unsold portion of property constructed by a real estate developer, is assessable as ‘Income from house property’

Wastage Loss due to Diesel & Petrol Tank breakage allowable

July 1, 2022 918 Views 0 comment Print

Mohammad Bhai Esufali & Sons Vs ITO (ITAT Pune) The only dispute is about wastage/evaporation claimed by the assessee at 1.23%/0.89%. These figures have emerged from the tabulation made in the impugned order on page 4, where the assessee gave a comparative analysis showing that the wastage/shortage in the immediately preceding year was higher at […]

Inadvertent mistake without any malafide intention: ITAT condones Delay

July 1, 2022 804 Views 0 comment Print

Vasanthan Mukundan Peedikakkandy Vs ACIT (ITAT Pune) At the outset, we note that this appeal was filed with a delay of 931 days before the CIT(A). An affidavit filed explaining the said delay which is reproduced by the CIT(A) in impugned order at page Nos.11 to 13. On perusal of the same, we note that […]

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