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ITAT Pune

Reassessment based on Documents already in hand of AO not Valid

July 12, 2019 1440 Views 0 comment Print

DCIT Vs Sovereign Pharma Pvt. Ltd. (ITAT Pune) A bare perusal of reasons for reopening would show that the Assessing Officer has erred in invoking the provisions of section 148 r.w.s. 147 after the expiry of four years to cover up his own follies. It is not the case of Revenue that the assessee has […]

Penalty not leviable if vagueness & ambiguity in recording of satisfaction

July 12, 2019 891 Views 0 comment Print

Chandu Laxman Chavan Vs DCIT (ITAT Pune) While levying penalty, the Assessing Officer invoked only the charge of “furnishing inaccurate particulars of income”. It is evident that while recording satisfaction the Assessing Officer was not clear in his mind as to which charge u/s. 271(1) (c) is to be invoked for initiating penalty. The ambiguity […]

Notice u/s 143(2) is invalid if it is issued but not served

July 1, 2019 5649 Views 0 comment Print

Since no effort was made by AO to serve another notice u/s. 143(2) before the deadline after returning from postal authorities the original notice u/s 143(2) thus, the jurisdictional condition of `service’ of notice u/s. 143(2) and not its `issue’ was not satisfied  and accordingly, assessment order passed in absence of a valid jurisdiction was quashed.

No addition of notional annual rent of unsold flats held in stock-in-trade

June 26, 2019 2502 Views 0 comment Print

M/s. Kolte Patil I-Ven Townships Vs ACIT (ITAT Pune) The issue in the present case is with respect to addition under the head ‘income from house property’ on the 32 unsold flats/shops by the assessee. It is an undisputed fact that assessee is in the business of Civil Engineers, Builders and Developers and had in […]

Validity of addition on issue which was not the basis for selection of case under CASS

June 24, 2019 3708 Views 0 comment Print

In the absence of any permission received from Pr. CIT or the CIT, there was no merit in the order of AO in making addition on an issue which was not the basis for selection of case under CASS.

Consideration for Transfer of copyrighted software cannot be taxed as royalty

June 11, 2019 1326 Views 0 comment Print

Ms. Sandvik Tooling Sverige AB Vs DCIT (ITAT Pune) The assessee is non-resident and was providing software services to Sandvik Asia Ltd. and also was providing IT support services to the said concern. The question which arises in the present appeal is whether the consideration received by assessee from the payer i.e. Sandvik Asia Pvt. […]

Revisionary jurisdiction cannot be exercised against Void order

June 10, 2019 1137 Views 0 comment Print

Pioneer Distilleries Limited Vs Pr. CIT (ITAT Pune) In the present set of facts where the Commissioner himself has given a finding that the re-assessment proceedings have not been correctly carried out against the assessee and the Assessing Officer has failed to fulfill his obligation, then under such circumstances where, he has also held that […]

Deity is a juristic person & have status of individual for taxation

June 10, 2019 4377 Views 0 comment Print

Vijaya Durga Devi Trust Vs DCIT (ITAT Pune) It is an undisputed fact that the trust has been created in the year 1968 and as per the trust deed, the entire income is to be used for the upkeep of Deity. It is also an undisputed fact that the Deity is the sole beneficiary of […]

Deduction U/s. 80-IB(10) allowable to both owner & land developer

June 6, 2019 6615 Views 1 comment Print

Assessee who had contributed land and  engaged in the development of housing project with developer for development of the land was eligible for claiming deduction under section 80-IB(10) as both owner as well as developer were eligible for deduction under section 80-IB(10).

Assessment in the name of non-existent company was invalid

June 3, 2019 2379 Views 0 comment Print

he assessment order passed in the name of non-existent entity, i.e., Amdocs Business Services (P) Ltd. was invalid and subsequent proceedings arising therefrom were vitiated. The assessment made in the name of non-existent company was, therefore, invalid and unsustainable in the eye of law.

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