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ITAT Pune

Payment for VRS to employees prior to Section 35DDA Insertion fully allowed

July 6, 2020 1617 Views 0 comment Print

The issue under consideration is whether the payment made by the company to its employees under the Voluntary Retirement Scheme (VRS) is allowed as deduction?

ITAT dismisses ex-parte order of CIT denying Section 80G exemption

June 3, 2020 690 Views 0 comment Print

Whether the ex-parte order of the CIT(Exemptions) denying 80G exemption is justified in law? ITAT dismissed ex-parte order of CIT(E) on the basis of principles of natural justice

No Section 263 revision for difference of opinion between AO & CIT

May 16, 2020 1467 Views 0 comment Print

Issues have been examined by the A.O and just because the opinion as arrived by the A.O is at a variation of the opinion of the learned Pr. CIT, would not grant the learned Pr. CIT the powers of revision u/s 263 of the Act.

No Section 147 Assessment in absence of reasons for escapement of income

May 12, 2020 1377 Views 0 comment Print

Existence of reasons for escapement of income are sine qua non to embark upon the assessment or reassessment u/s 147 of the Act. Change or no change of opinion, as argued by the ld. DR, are the factors to be considered after fulfilling the jurisdictional condition of there being an escapement of income, in the absence of which no assessment or reassessment can be made u/s 147.

CIT (A) cannot admit additional evidences without calling remand report from AO

March 16, 2020 6645 Views 0 comment Print

The appeal preferred by the Revenue. The issue under consideration is with regard to the bogus purchases conducted by the assessee and as per revenue CIT(Appeals) has erred in granting relief to the assessee without dealing specifically with the facts of the case and even not calling for any remand report from the Assessing Officer.

IT Support Services to Indian Entities by Foreign company cannot be taxed in India

March 16, 2020 720 Views 0 comment Print

The issue raised by the assessee challenging the action of AO in holding the income from providing IT support services as taxable for fees for technical services.

No section 68 addition for loan transaction with father on mere suspicion

March 5, 2020 1215 Views 0 comment Print

The issue under consideration is that confirming the addition made u/s 68 by A.O. in respect of the loan taken from father of the appellant on mere suspicion.

Stamp duty value considered as full value of consideration if amount received via bank

February 26, 2020 4533 Views 0 comment Print

It is evident that the benefit of first proviso would be allowed only if the condition as stipulated in second proviso is satisfied. In other words, the stamp value on the date of agreement to sell shall be considered as full value of consideration only if the amount of consideration or part of such consideration was received by the assessee through banking channel on or before the date of agreement for transfer. This issue, therefore, needs detailed factual verification.

License Fees received for use of IT Parks assessable as Business Income

February 13, 2020 705 Views 0 comment Print

Assessee is a company which had undertaken development of integrated township. The assessee had claimed the license fees received from the persons for the use of the IT Parks provided along with various infra structural and other facilities and services under the head ‘Income from business’. However, the AO had considered the same under the head ‘Income from house property’.

Appeal not Justified if there is Lack of Strong Contrary Evidence

February 7, 2020 909 Views 0 comment Print

The issue under consideration is whether the assessee can challenge the order of AO for which he has agreed before without there being any contrary evidence?

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