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ITAT Pune

Provision for obsolete stock allowed as deduction

May 18, 2022 17670 Views 0 comment Print

Provision for obsolete stock be allowed as deduction subject to satisfying himself that valuation is done based on principle that at cost or market price or net realizable value, whichever is less.

Section 40A(3) : Cash payment to Labour contractor on principal-to-principal basis not allowable

May 17, 2022 14808 Views 0 comment Print

The case of the assessee is that the payments were covered under clause (k) of Rule 6DD, which provides that no disallowance will be made where the payment is made by any person to his agent who is required to make payment in cash for goods or services on behalf of such persons.

Return not become defective for mere mismatch in income as per ITR & Form 26AS

May 17, 2022 24420 Views 0 comment Print

Mismatch in income returned in ITR and FORM 26AS is not covered within purview of Explanation (a) to section 139(9) (Defective Return)

Difference in MRP & Sales price is not Commission to attract section 194H TDS

May 15, 2022 2328 Views 0 comment Print

Difference between MRP & price sold to Stockists, by no stretch of imagination, can be considered as commission or brokerage paid by assessee to its Stockists to attract section 194H TDS.

Interest on Loan for Acquiring Shares of Associate Company Allowable

May 10, 2022 2844 Views 0 comment Print

ITAT held that interest expenditure incurred on loans taken for investment in acquiring controlled interest in a Company which was in the same line of business as that of the Respondent would be allowable expenditure under section 36(1)(iii) of the Act.

Corpus donation towards building fund not chargeable to tax

May 9, 2022 3600 Views 0 comment Print

Das Bahuuddeshy Vishwast Sanstha Vs Exemption Ward (ITAT Pune) It is seen as an admitted position that the assessee received a sum of Rs.15.00 lakh from one of its trustees, which amount was spent on building construction of the school. The case of the assessee is that the amount was a corpus donation and hence, […]

Subsidy received under PSI 2007 Scheme from Govt of Maharashtra is Capital Receipt

May 7, 2022 3831 Views 0 comment Print

DCIT Vs. Bhagyalaxmi Rolling Mill Pvt. Ltd. (ITAT Pune) The issue for adjudication in all these appeals is the assessee having received subsidy from Government of Maharashtra under Package Scheme of Incentives of 2007 (PSI-2007), Whether the said subsidy is capital receipt or a revenue receipt. The assessee-company had set up a mega project as […]

Section 43CA RW 50C: AO cannot make addition without referring Valuation to DVO

May 1, 2022 2808 Views 0 comment Print

Vijay Arvind Raykar Vs ITO (ITAT Pune) The assessee is a builder. He is in the business of construction and sale of residential/ commercial properties. The AO observed that certain residential units have been sold by the assessee at a price less than the value adopted for Stamp Duty purpose by the State Government. During […]

ITAT allows Depreciation on Non-compete fees & Market information

April 17, 2022 582 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 6702 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’.

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