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ITAT Pune

Revenue cannot debar genuine refund of Assessee for non-payment of TDS by deductor

August 10, 2022 1035 Views 0 comment Print

Revenue has sufficient machinery to recover such amount of TDS deducted from the defaulting assessee but this is not the right way for the revenue to collect the tax again or debar genuine refund to the assessee who has already suffered taxation at source.

Expense on let out commercial property maintenance- Section 11 Exemption

August 10, 2022 786 Views 0 comment Print

Where surplus funds were utilized for additions to a building, which was let out and the income thereof applied for charitable or religious purposes, the utilization of such surplus was held to amount to application of income for religious or charitable purposes

Exemption u/s 11 available to education activities resulting in university degrees

August 5, 2022 1341 Views 0 comment Print

Held that assessee providing education activities only which results in university degrees in various courses is eligible for exemption u/s 11.

No Section 54F exemption on House purchased by Wife from her fund

August 4, 2022 1281 Views 0 comment Print

Dilip B. Mundada Vs DCIT (ITAT Pune) Jurisdictional High Court and other Hon’ble High Courts and ITAT Pune have held that for availing the benefit of deduction u/s 54F the new asset shall be purchased in the name of the assessee. Applying the said proposition of law to the present case, we hold that the […]

Tax not payable on IT support service as Fees for Technical service

August 4, 2022 2259 Views 0 comment Print

Held that receipt of IT support service doesnt become FTS as assessee did not make available any technical knowhow, experience or skill to its customers. The same is not chargeable to tax

Complete Reliance on CA/Consultant not a ground to condone delay

August 3, 2022 249 Views 0 comment Print

Ravindra Joma Bhagat Vs ITO (ITAT Pune) ITAT noted that the delay of 2172 days are abnormal and the assessee could not explain reasons which really prevented the assessee in filing appeal in time before the ITAT except stating that due to advice of his Chartered Accountant/Consultant, in our opinion is not reasonable cause which […]

Father cannot be Taxed for Cash Deposit in Bank Account of Major Son

August 3, 2022 690 Views 0 comment Print

Vijay Vasantrao Mahadik Vs Addl. CIT (ITAT Pune) The assessee appears to have opened the foregoing bank account in the name of his erstwhile minor son Mr. Virendra Mahadik long back. He had also furnished his PAN number at the time of his minor son’s bank account opening. Mr. Jasnani vehemently argued that the learned […]

Royalty expenditure towards license right to use the know-how is revenue in nature

August 2, 2022 795 Views 0 comment Print

Held that the assessee has secured the license right to use the know-how for the period of the agreement and the royalty expenditure in this regard is therefore revenue in nature.

Capital Gain cannot be Taxed to owner for transfer by POA holder

August 1, 2022 3174 Views 0 comment Print

whether the CIT(A) justified in confirming the addition of Rs.1,26,80,413/- on account of long term capital gain in the hands of the assessee instead of Jayantilal Oswal in the facts and circumstances of the case.

Section 80IB(10) deduction on account of `extra work’

July 31, 2022 438 Views 0 comment Print

Ravindra Champalal Khinvasara Vs DCIT (ITAT Pune)  It is an admitted position that the assessee is otherwise eligible for deduction u/s.80IB(10) in respect of one of its projects, namely, ‘Khinvasara Fort’. The AO did not dispute the otherwise allowability of deduction of income from the ‘Khinvasara Fort’ project, but observed that the assessee could not […]

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