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ITAT Pune

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

July 21, 2022 6876 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.

Container Freight Station (CFS) eligible to claim section 80IA(4) deduction

July 21, 2022 1347 Views 0 comment Print

DCIT Vs Continental Warehousing Corporation (Nhava Sheva) Ltd (ITAT Pune) The only issue is to be decided is as to whether the CIT(A) justified in allowing deduction u/s. 80IA(4) of the Act in respect of Container Freight Station (CFS). At the outset, we note that this issue is covered in favour of the assessee by […]

FTS not include consideration taxable as Salary in the hands of recipient

July 20, 2022 1353 Views 0 comment Print

FTS does not include consideration `which would become income of the recipient chargeable under the head Salaries’.

Late Filing of Appeal – Scarcity of Advisors not valid reason for SBI

July 18, 2022 753 Views 0 comment Print

State Bank of India Vs ACIT (ITAT Pune) We find that the assessee had deducted TDS as per rates prescribed by the Act and the same was deposited in Central Government account, but with a delay in filing the TDS statement as required under law. For such failure the respondent-revenue levied late fee u/s. 234E […]

Section 234E Late fee is automatic and not discretionary

July 17, 2022 7617 Views 1 comment Print

Held that when there is a delay, a late fee u/s 234E and 200A of the Act is automatic and there is no discretion not to levy late fees with the TDS Officer.

Set off of brought forward business loss & unabsorbed depreciation not available to ingenuine demerger

July 15, 2022 1533 Views 0 comment Print

Held that benefit of carried forward business losses and unabsorbed dep. u/s. 72A available only if the amalgamation/demerger is genuine

Section 54B exemption allowable even if land was cultivated only for few days during Relevant Years

July 13, 2022 750 Views 0 comment Print

Term two years has been interpreted to mean that not during the whole period of two years, even if the land is used for some days in the earlier year, it would be sufficient for compliance of provisions of section 54B

Expenditure disallowed as necessary conditions of revenue expenditure not satisfied

July 10, 2022 1152 Views 0 comment Print

Held that assessee had failed to satisfy the conditions precedent to claim as revenue expenditure, as the expenditure was incurred during the previous year relevant to the assessment year under consideration. Therefore, the claim cannot be allowed as deduction

ITAT restricts disallowance of Car expenses to 15% for personal use

July 10, 2022 3336 Views 0 comment Print

Jaykumar Mangilal Nagori Vs ITO (ITAT Pune) It is indisputable that the assessee could not lead any evidence to demonstrate that the user of the car was restricted only to business purposes and did not percolate for personal use. Even the auditor has also mentioned that the personal element in vehicle expenses could not be […]

Section 54 exemption denial on property purchases in Sons name- AO should follow view of jurisdictional HC

July 10, 2022 2928 Views 0 comment Print

Urmila Madhukar Ved Vs ITO (ITAT Pune) This appeal by the assessee emanates from the order passed by the CIT(Appeals)-7, Pune on 11-09-2019 in relation to the assessment year 2010-11. 2. The only issue raised in this appeal is against the denial of exemption u/s.54 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) […]

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