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ITAT Pune

Section 158BC notice in absence of search warrant is bad in law

July 31, 2022 870 Views 0 comment Print

For issuing notice u/s 158BC, there has to be a search in the case of ‘any person’, then the Assessing officer shall serve a notice to ‘such person’. It means notice u/s 158BC can be issued to only such person who has been searched u/s 132 of the Act.

Section 50C not attracted in case of transfer of leasehold rights

July 29, 2022 3315 Views 0 comment Print

DCIT Vs Envair Electrodyne Ltd. (ITAT Pune) ITAT find no merit in the Revenue’s argument in principle that section 50C gets attracted even in case of transfer of leasehold rights which does not come within the nature and ambit of specified asset(s) of ‘land or building or both’ in the statutory provision. We thus, conclude […]

Hawala Purchase: Only profit element can be taxed not entire Purchase

July 28, 2022 993 Views 1 comment Print

Navin Sirahmal Mukim Vs ITO (ITAT Pune) It is observed that the assessee allegedly purchased diamonds through the Hawala purchase bills and thereafter utilized the same in the manufacture of the jewellery. In such a situation, the entire amount of purchase bills does not requires addition but only the profit element because the diamonds must […]

Section 271(1)(c) penalty not leviable if Penalty Notice is defective

July 26, 2022 792 Views 0 comment Print

It is held that the Penalty Notice is defective, therefore, the penalty levied under section 271(1)(c) of the Act, is not maintainable.

Order under Section 234E of Income Tax Act is appealable: ITAT Pune

July 26, 2022 2997 Views 0 comment Print

As per section 246A of the Act, the assessee has a right to file an appeal before CIT(A) against the intimation under section 200A of Act.

Compensation to land-owners cannot be allowed merely based on Bank Statement

July 25, 2022 264 Views 0 comment Print

Home Developers Vs DCIT (ITAT Pune) On perusal of the agreement, it was observed that the assessee paid Rs.36,09,000/- being compensation paid to land-owners, for allotting less than agreed constructed area, as per development agreement. The AO asked the assessee to submit the supporting documentary evidences viz., confirmation from the parties, books of accounts of their parties […]

No Section 80IB deduction on Remuneration & Share of Profit from Partnership Firm

July 25, 2022 1512 Views 0 comment Print

Eligibility of remuneration, share of profits received from partnership firm, whose profits are eligible for deduction u/s 80IB of Income Tax

Section 54F Deduction available on reinvestment in twin residential units

July 21, 2022 4773 Views 0 comment Print

Held that a residential house for the purpose of section 54F(1) deduction can indeed cover multiple units in same or different towers or residential blocks

Penalty cannot be levied on charges not forming part of penalty proceeding initiation 

July 21, 2022 666 Views 0 comment Print

It is settled position of law that AO cannot levy penalty on charges different from the charges for which penalty proceedings were initiated

Industrial Promotion Scheme Subsidy not to be reduced from cost of fixed assets for depreciation

July 21, 2022 6822 Views 0 comment Print

With the advent of Insolvency and Bankruptcy Code, 2016 (IBC), there has been a transformative turnaround in the corporate insolvency resolution framework in India. However, the IBC does not accommodate and provide for specific arrangements or contains any provision for group insolvency as the legislation itself is still evolving and is designed for a single economic entity.

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