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ITAT Pune

Advice of Consultant not constitute sufficient cause to condone delay in appeal filing

October 5, 2022 969 Views 0 comment Print

Shri Dilip Manichand Nahar Vs ITO (ITAT Pune) ITAT held that The reason explained by the assessee in both the notarized affidavits that the appeal was not filed on the advice of his Consultant does not constitute a sufficient cause to condone the delay of 807 days, thus the reasons stated in both the notarized […]

Section 271(1)(c) Penalty proceedings initiated against Assessee cannot continue against Legal Heir

September 8, 2022 2166 Views 0 comment Print

Impugned Section 271(1)(c) Penalty proceedings imposed by AO is not maintainable against assessee’s legal heir under section 159 of Act

Portfolio Management Services income taxable under ‘Capital gains’

August 21, 2022 7848 Views 0 comment Print

Portfolio Management Services earning should be assessed as ‘Capital gains’ and not as ‘Profit and gains of business or profession’.

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

August 21, 2022 1884 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 921 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 3252 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 6018 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 1248 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 1662 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 1554 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.

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