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ITAT Pune

Miscellaneous expenses Paid by Cheques based on Self-Made Voucher allowable

June 23, 2022 3657 Views 0 comment Print

ITAT held that miscellaneous expenses Paid Through Cheques Based On Self-Made Voucher Allowable for the purpose of business are allowable.

No section 271B penalty for delay in Audit report filing due to Illness of Accountant

June 23, 2022 4392 Views 0 comment Print

Section 273B of the Act provides that the penalty u/s 271B need not be imposed if there is a reasonable cause for the said failure.

Diasallowance of entire expense for non-submission of evidence is unreasonable

June 23, 2022 849 Views 0 comment Print

The Assessing Officer as well as the ld. CIT(A) had chosen to disallow the entire expenditure without appreciating the fact that no income of hire charges can be earned without incurring expenditure on salaries and fuel etc. This approach of lower authorities is most unreasonable and arbitrary.

No Section 234E late fee for default committed before 01.06.2015

June 23, 2022 423 Views 0 comment Print

Section 200A deals with processing of statements of tax deducted at source. Clause (c) of section 200A(1) was inserted by the Finance Act 2015 w.e.f. 01-06-2015 providing for the levy of fee u/s.234E of the Act.

No section 271(1)(c) Penalty if AO fails to specify inaccurate particulars of income

June 23, 2022 1452 Views 1 comment Print

Rajendra Venkat Reddy Vs DCIT (ITAT Pune) The issue in the present appeal relates to the levy of penalty u/s 271(1)(c) of the Act. The Assessing Officer sought to levy penalty in respect of addition of Rs.15,00,000/- being unexplained cash deposits in the bank accounts held by the appellant. The addition was purportedly made u/s […]

Section 271(1)(c) penalty quashed for not specifying inaccurate or false particulars

June 22, 2022 915 Views 0 comment Print

Clean Science & Technology Pvt. Ltd. Vs CIT (A) (ITAT Pune) The issue in the present appeal relates to the levy of penalty u/s 271(1)(c) of the Act. On perusal of the penalty order as well as the assessment order, it would reveal that the penalty was levied for furnishing the inaccurate particulars of income […]

Section 14A disallowance- Investments yielding tax free dividend income to be taken

June 22, 2022 1608 Views 0 comment Print

Poonawalla Finance Pvt. Ltd. Vs DCIT (ITAT Pune) The only issue pressed is about restricting the addition under Rule 8D of the Income-tax Rules, 1962 by considering only such investments which yielded tax free dividend income. Hon’ble Delhi High Court in ACB India Ltd. vs. CIT (2015) 374 ITR 108 (Del) has held that the […]

ITAT upheld penalty on amount accumulated by Trust but not utilised & disclosed in ITR

June 22, 2022 285 Views 0 comment Print

Association of Indian Forging Industry Vs ITO (ITAT Pune) Association of Indian Forging Industry (hereinafter referred to as appellant) is a not-for-profit company incorporated u/s 25 of the Companies Act, 1956 and is also registered u/s 12A of the I.T. Act 1961, therefore eligible for exemption u/s 11 of the Act. As per the memorandum […]

Product Development Charges – Revenue or Capital Expense?

June 22, 2022 978 Views 0 comment Print

ACIT Vs Rinder India Pvt. Ltd (ITAT Pune) We note that the assessee company is engaged in the business of manufacturing of automobiles signaling lights and other electrical items. The assessee filed its return of income declaring a total income of Rs.2,56,73,220/- and the AO determined the same at Rs.4,31,12,090/- inter alia making disallowance of […]

No section 269SS & 269T if reasonable cause for accepting/repaying loan in cash

June 21, 2022 1629 Views 0 comment Print

Sunil M. Bhide Vs Addl. CIT (ITAT Pune) It is seen from the penalty order that the assessee pleaded before the AO that he started construction of a commercial building on his plot. The construction work was halted because of paucity of funds. The said plot of land along with part construction was leased out […]

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