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ITAT Pune

Subsidy cannot be treated as a payment to meet any portion of actual cost of Capital Asset

November 10, 2020 1320 Views 0 comment Print

ACIT Vs Inox Air Products Private Limited (ITAT Pune) The only issue raised in the assessee’s appeal is against  the direction of the ld. CIT(A) for reducing the amount of subsidy from the value of assets for the purpose of granting depreciation. From Explanation 10 to section 43(1) of the Act it is immensely clear […]

No TP addition in respect of international transaction of payment of Regional Service Charges in case value within tolerance range

November 4, 2020 2253 Views 0 comment Print

No transfer pricing addition in respect of international transaction of payment of Regional Service Charges pertaining to five intra-group services could be made because even if presume that the comparable uncontrolled transaction was at zero mark-up, still the value of the international transaction was within the notified tolerance range.

Loss due to foreign exchange currency rate fluctuation on reinstatement of ECB loan

October 29, 2020 3099 Views 0 comment Print

Aesseal India Pvt. Ltd. Vs ITO (ITAT Pune) The only issue that arises for our consideration is whether the loss arising out of reinstatement of the ECB loan as on date of balance sheet can be added to the actual cost of asset for the purpose of determining the actual cost u/s 43A of the […]

No Addition u/s 14A for Non Consideration of  Share Application Money as Investment Yielding Exempt Income

October 28, 2020 750 Views 0 comment Print

The issue under consideration is whether the addition made by AO u/s 14A read with rule 8D is justified in law? Respectfully following the precedent, ITAT set-aside the impugned order on this score and order to delete the disallowance.

No disallowance under Rule 8D(2)(ii) r.w. Section 14A if Investment were out of Interest Free Funds

October 26, 2020 1578 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct in confirming the disallowance made by the Assessing Officer u/s.14A read with Rule 8D(2) of the Income Tax Rules, 1962?

Addition for understatement of debtors not sustainable if Sales not disputed

October 21, 2020 1080 Views 0 comment Print

DCIT Vs Sheth & Sura Engineers Private Ltd. (ITAT Pune) It is an undisputed fact that the entire turnover of the assessee is exclusively from Government Department and the said turnover has not been disputed by the Assessing Officer. The Assessing Officer has also not considered the debtors of other divisions and only considered debtors […]

Section 12AA registration cannot be denied for mere non-spend of income for charitable activities

October 13, 2020 828 Views 0 comment Print

Dr. NT Ghatte Charitable Trust Vs. CIT (ITAT Pune) Merely because the trust has not spent any amount of its income for charitable activities and the fact that the trust has not spent any amount of income for charitable purpose does not amount to carrying on the activities contrary to its objects. The submission of […]

Once quantum addition deleted, penalty u/s. 271(1)(c) has no legs to stand

October 8, 2020 4341 Views 0 comment Print

ACIT Vs Thermax Limited (ITAT Pune) Revenue has not doubted the genuinity of the return filed by the assessee and has not said that the particular of expenses claimed in the return were not correct. The expenses were claimed and quantum additions have been upheld by the Tribunal. However, in the separate proceedings of penalty […]

Issue examined under original assessment proceeding cannot be reexamined

October 1, 2020 687 Views 0 comment Print

DCIT Vs Manav Realty (ITAT Pune) It is evident from the reasons recorded by the AO that the initiation of reassessment proceedings was premised on the fact that the commencement took place at a date in variance with the one stated by the assessee in the original assessment proceedings. The ld. CIT(A) has aptly recorded […]

Assessee can claim proportionate deduction under Section 80IB(10) relating to eligible units

September 28, 2020 816 Views 0 comment Print

DCIT Vs Shree Venkatesh Associates (ITAT Pune) The issue of pro-rata deduction u/s. 80IB(10) for eligible units has been considered by the jurisdictional ITAT, Pune in case of Ramsukh Properties (supra) and M/s D.S. Kulkarni Developers Ltd (supra) and IT AT, Nagpur in case of AIR Developers(supra) and allowed such pro-rata deduction. The ITAT, Mumbai […]

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