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ITAT Pune

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

March 20, 2022 3141 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 2985 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 867 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 5388 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 […]

Disallowance of labour expenses without evidences on ad hoc basis not maintainable

March 7, 2022 2901 Views 0 comment Print

DCIT Vs Shalaka Infra Tech (India) Pvt Ltd (ITAT Pune) Whether the CIT(A) is justified in deleting the disallowance of Rs.1,68,87,175/- as against Rs.1,88,63,786/- made by the AO on account of labour expenses in the facts and circumstances of the case. Heard both the parties and perused the material available on record. We note that […]

AO cannot make addition by relying on rejected books of accounts

February 26, 2022 6150 Views 0 comment Print

ACIT Vs ISMT Limited (ITAT Pune) It is settled position of law that the Assessing Officer cannot rely on the same books of accounts which are rejected for the purpose of making any other additions as held by the Hon’ble Andhra Pradesh High Court in the case of Indwell Constructions vs. CIT, 232 ITR 776 […]

Concessional tax rate on gross receipt basis not allowable if Assessee claims exclusion of reimbursements

February 21, 2022 1041 Views 0 comment Print

GRI Renewable Industries S.L. Vs ACIT (IT) (ITAT Pune) It is seen that the assessee offered its income from ‘royalties’ and ‘fees for technical services’ on gross basis, albeit at the concessional rate of tax. The assessee claimed that a sum of Rs.35.67 lakh was received as reimbursement of expenses which was not liable to […]

Payment for use of overall ICT Infrastructure is Royalty under India – Netherlands DTAA

February 20, 2022 1401 Views 0 comment Print

Vanderlande Industries Private Limited Vs ACIT (ITAT Pune) A cursory glance at the definition of the term `Royalties’ makes it patent that the hitherto content of para 4 of Article 12 comprising of copyright royalty cases only became subject matter of sub-para (a) of the amended para 4 of Article 12. In addition, para 4(b) […]

Deemed rent for unsold flats cannot be treated as Income of Developer

February 20, 2022 2391 Views 0 comment Print

ITAT Pune rules in favor of Ankit Enterprises, citing the treatment of unsold flats as stock-in-trade. Deemed rent addition not applicable.

ITAT slams dept for addition against Loan taken by Assessee for further studies of daughter

February 13, 2022 789 Views 0 comment Print

Ganesh Balkrishna Bende Vs ITO (ITAT Pune) Here is a case in which a salaried person pooled his life­long endeavour for the further studies of his daughter. In such a panorama, a holistic approach needs to be adopted. When I consider the facts of the instant case as a whole, there remains no doubt whatsoever […]

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