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ITAT Pune

ITAT allows Depreciation on Non-compete fees & Market information

April 17, 2022 543 Views 0 comment Print

Chemetall Rai India Limited Vs DCIT (ITAT Pune) The only question is about the denial of depreciation on two categories of Intangible assets, namely, Non-compete fees and Market information comprising of Commercial information, Customer data, Distribution network and Suppliers contract. Apart from the assessee acquiring the Chemical business of Gramos Chemicals India Limited, it transferred […]

No Section 54F exemption on Purchase of Office premises

April 13, 2022 6615 Views 0 comment Print

It is apparent from bare reading of section 54F that the exemption becomes available towards capital gain arising from the transfer of any long term capital asset on purchasing or constructing one residential house in India. Thus, it is patent that in order to qualify for exemption u/s.54F, it is necessary that the new asset must be a ‘residential house’.

Section 271A Penalty imposed on Doctor For Non-Maintenance of Books

March 23, 2022 9327 Views 0 comment Print

Yogesh Parashram Pangarkar Vs ITO (ITAT Pune) As per Income Tax Rule 6F the appellant i.e. Doctor has to maintain the books of accounts mentioned in the Rule 6F. The ld.AR submitted that the appellant is maintaining cash book and petty cash book. Even before the ld.CIT(A) the appellant had submitted that the appellant maintained […]

Gain from Sale of Land (Shown as Investment in Books) is taxable as Capital Gain

March 23, 2022 4074 Views 0 comment Print

Hariom Associates Vs ITO (ITAT Pune) It is seen that the assessee purchased the land in the financial year ending 31-03-2006. Development expenses amounting to Rs.2.00 lakh were also incurred in that year. Before the close of the year ending on 31.3.2006, the assessee came to know about a litigation going-on on this plot. Development […]

No Section 54B exemption if property not purchased in the name of assessee

March 21, 2022 4035 Views 0 comment Print

Vandana Maruti Pathare Vs ITO (ITAT Pune) Succinctly, the factual panorama of the case is that the assessee transferred certain agricultural lands and claimed exemption u/s 54B of the Act amounting to Rs.18 lakhs. During the course of assessment proceedings, the assessee submitted that she purchased new agricultural land in the name of her sons, […]

Transfer takes place only when it becomes operational

March 20, 2022 6231 Views 0 comment Print

Beena Shammi Chaudhari Vs ITO (ITAT Pune) `A registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration‟. A document is first executed and then submitted for registration, if required. Normally, it takes […]

Whether Nazarana paid to State Govt would be cost of acquisition?

March 20, 2022 2700 Views 0 comment Print

Late Shri Saifulla Abubakar Inamdar Legal Heir Vs ITO (ITAT Pune)  Firstly, it is relevant to mention that the assessee did not take up the issue of Inami land before the AO. It was for the first time that the assessee raised this issue before the ld. CIT(A) contending that in the absence of any […]

Section 80P deduction eligible on Interest on Security Deposit & commission for collection of MSEDCL bills

March 16, 2022 2889 Views 0 comment Print

Bhagyalaxmi Nagri Sahakari Patsanstha Meryadit Vs ITO (ITAT Pune) The first item is the commission income from MSEDCL amounting to Rs.60,363/-. The assessee has contended in its written submissions that similar issue came up for consideration before the Pune Tribunal in Banganga Nagri Sah. Patsanstha Ltd. (ITA No.873/PUN/2014) and the Tribunal, vide its order dated […]

CIT(A) is expected to decide the appeal with reasons: ITAT Pune

March 15, 2022 831 Views 0 comment Print

CIT(A) did disposed of the case, ex parte of assessee. Under section 250 (6) of Income Tax, CIT(A) is expected to decide the appeal with reasons determining the points thereon.

Section 10A exemption cannot be denied for mere non-filing of Form No. 56F

March 14, 2022 5091 Views 0 comment Print

DCIT Vs Clarion Technologies Pvt. Ltd (ITAT Pune) ITAT held that stand of the Revenue that assessee cannot be allowed the benefits of section 10A of the Act merely because the prescribed Audit Report in Form No.56F was not filed in the return of income, is quite erroneous. ITAT note that the AO passed order […]

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