The Hon’ble Tribunal provided relief to the assesse for AY 2014-15 by making its reliance on section 90(2) of Act and observed that the provisions of the Act or the DTAA, whichever are more beneficial to the assessee would apply making the receipt from sale of software license as not chargeable to tax in India.
everting to the CUP method applied by assessee as the most appropriate method for benchmarking the SDT of rent payment, assessee had given a comparable instance of rent paid @ Rs.112 per sq.ft. by ICICI bank under a lease agreement dated 17.02.2012 for a nearby premises. As against that, the assessee paid rent @ Rs.75.28 per sq.ft., which showed that the rent paid by assessee was less in comparison with the comparable uncontrolled transaction. Thus, the ALP of the Specified Domestic Tranasction of payment of rent could not be disputed.
Shree Lakadipool Vitthal Mandir Vs CIT (Exemption) (ITAT Pune) In the present case, the objects of the trust are not doubted by the Department and they have also not disputed the charitable nature of the activities conducted by the assessee trust. Meaning thereby, all the relevant records were submitted before the Ld. CIT(Exemption) and he […]
Ganpati Zilla Krishi Audyogik Sar Seva Sahakari Society Ltd. Vs ITO (ITAT Pune) The contention of Ld. AR that a Review petition has been filed before the Hon’ble Supreme Court against the judgment in the case of CIT Vs Tasgaon SSK Ltd. (2019) 412 ITR 420 (SC) which is still pending and hence the decision […]
Shivratan Shrigopal Mundada Vs ACIT (ITAT Pune) We do not find any relevance of the ‘completion of construction’ insofar as the exemption u/s.54F is concerned. What the section requires is that the assessee purchases a new residential house or “has within a period of three years, after the date constructed, one residential house in India.” […]
Maharashtra Jeevan Pradhikaran Vs JCIT (ITAT Pune) We have also considered judicial precedents placed on record. In this case penalty has been levied u/s. 272A(2)(k) of the Act due to late filing of TDS statements/returns. However, it is an undisputed fact as admitted by the parties herein, that no loss has been caused to the […]
ITO Vs Shraddha & Prasad Joint Venture (ITAT Pune) This appeal preferred by the Revenue emanates from the order of the Ld. CIT(Appeal), Pune-3 dated 29.08.2017 for the assessment year 2014-15 as per the following grounds of appeal on record : “1. On the facts and circumstances of the case, the order of the Ld. […]
ITO Vs Amit Murlidhar Kamthe (ITAT Pune) Firstly, no possession was given to the developer under the JDA as an owner. Secondly, a part of the land at the material time in 2008 vested in the Government of Maharashtra. Thirdly, the transaction admittedly fell through and a part of the land was eventually sold to […]
Vijay Mohan Harde Vs ACIT (ITAT Pune) A copy of the notice issued u/s 274 of the Act has been placed in the appeal folder, from which it is discernible that the AO did not strike off either of the two limbs viz., concealed the particulars of income or furnished inaccurate particulars of such income, […]
Talera Automobiles Private Limited Vs ACIT (ITAT Pune) This appeal by the assessee arises out of the order dated 21-07-2017 passed by the CIT(A)-5, Pune in relation to the assessment year 2009-10. 2. The only issue raised in this appeal is against the confirmation of disallowance of foreign travel expenses amounting to Rs.9,29,041/-. 3. Briefly […]
