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ITAT Pune

Benefit of carry forward and set off available to amalgamating company is also available to amalgamated company

December 16, 2022 2688 Views 0 comment Print

ITAT Pune held that as the business of amalgamating company continues uninterruptedly by amalgamated company, the benefit of carry forward and set off earned by amalgamating company is available to amalgamated company.

Foreign exchange gain/ loss from ordinary course of business is operating cost/ revenue

December 15, 2022 5799 Views 0 comment Print

ITAT Pune held that foreign exchange gain/loss which has arisen from exports/imports of the product/materials which are in the ordinary course of business of the assesses are included as operating cost.

Revision power u/s 263 cannot be invoked if enquiry conducted by AO

December 14, 2022 2367 Views 1 comment Print

ITAT Pune held that if there was enquiry conducted by the AO even if the enquiry in inadequate there will be no occasion to the Commissioner to exercise the power of revision u/s 263 of the Income Tax Act.

Disallowance of 1% reasonable as share transactions manipulated via entry provider

December 13, 2022 636 Views 0 comment Print

ITAT Pune held that disallowance of 1% is reasonable as admittedly the share transactions were manipulated through entry provider stockbrokers in order to obtain fraudulent income by rigging share prices and selling them in order to justify the unaccounted income of the assessee.

Genuine Business Transactions not covered under Section 40A(3)

December 12, 2022 531 Views 0 comment Print

Govind Ramprashad Baheti Vs ITO (ITAT Pune) The assessee admittedly runs Baba Ramdev Krishi Seva Kendra involving primarily rural customers engaged in agricultural activities. And that he carries out his business activities regarding sale of various agricultural products only. There is further no dispute that the recipient herein is also engaged in very line of […]

interest income earned by co-op society from co-op banks qualifies for deduction u/s 80(P)(2)(d)

December 7, 2022 3768 Views 0 comment Print

Lokmangal Nagri Sahakari Path Sanstha Maryadit Vs PCIT (ITAT Pune) In the present case, we find that admittedly the interest income was earned from the cooperative banks, the cooperative bank is also a specie of cooperative society, therefore, the interest income earned by the cooperative society from the cooperative banks qualifies for deduction u/s 80(P)(2)(d) […]

Section 263 not invocable if assessment order is not erroneous or prejudicial to interests of revenue

December 7, 2022 1401 Views 0 comment Print

Shri Arunoday Multi State Cooperative Credit Society Ltd. Vs PCIT (ITAT Pune) The issue in the present appeal relates to the validity of assumption of jurisdiction u/s 263 by the ld. PCIT. The Parliament had conferred the power of revision on the Commissioner of Income Tax u/s 263 of the Act in case the assessment […]

ITAT’s clarifies law on additions wrt employees’ contributions for PF/ESI based on Tax Audit Report by CPC

December 6, 2022 2691 Views 0 comment Print

CIT(A) was justified in sustaining the adjustment u/s 143(1)(a) by means of disallowance made in these cases for late deposit of employees’ share to the relevant funds beyond the date prescribed under the respective Acts.

Exemption u/s 10(38) denied based on principle of fraud

December 5, 2022 1812 Views 0 comment Print

ITAT Pune denied exemption of capital gain under section 10(38) of the Income Tax Act by applying principle of fraud as the transaction of purchase and sale of shares were construed with the intention to bring undisclosed income into books of accounts.

Section 194A TDS not deductible on interest Payment to Members by Co-Op Bank

December 1, 2022 1551 Views 0 comment Print

Mahesh Urban Co-Operative Bank Ltd Vs ACIT (ITAT Pune) ITAT held that a co-operative bank/ assessee has no liability to deduct TDS on interest payments made to members. We thus delete the impugned section 194A r.w.s. 40 (a)(ia) disallowance of Rs. 2,00,095/- in very terms therefore. FULL TEXT OF THE ORDER OF ITAT PUNE 1. […]

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