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ITAT Pune

Revisionary jurisdiction cannot be exercised against Void order

June 10, 2019 1185 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 4608 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 6720 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 2442 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.

Software purchased across the counter as shrink proof software is not akin to royalty

May 25, 2019 1098 Views 0 comment Print

It was held that where the software is purchased across the counter as shrink proof software, then it is not akin to royalty both under the Income Tax Act or the DTAA. The Tribunal held that since the definition of ‘royalty’ has not been amended under DTAA,

Levy of penalty is not warranted in case of Vague Charges

May 19, 2019 1257 Views 0 comment Print

Zaheer Abdulhamid Mulani Vs ITO (ITAT Pune) The sanctity in terms of natural justice with regard to this proposition is that the assessee under the scheme of welfare legislation which is embedded in the Income Tax Act, 1961 should get an opportunity to prepare himself for the defense as regards to the exact charge on which […]

ALV of unsold units held as stock in trade cannot be taxed under house property

May 18, 2019 1674 Views 0 comment Print

M/s. Shree Balaji Ventures Vs ITO (ITAT Pune) It is apparent that the view point bolstered by the authorities that Annual Letting Value in respect of unsold properties lying with the assessee as a stock in trade, should be determined u/s. 23 of the Act, cannot be countenanced in the hue of the later judgments […]

ITAT condones delay in filing appeal as sufficient cause for delay was exist

May 17, 2019 10740 Views 0 comment Print

The main plea of assessee was that because of multiplity of proceedings going on before different authorities filing of captioned appeal was delayed. The AR for the assessee had filed before ITAT an events chart of various assessment proceedings / appellate proceedings between the period 28.12.2007 to 21.05.2015, on which date the appeal was filed before the Tribunal.

Transfer cannot be considered merely on the basis of registered agreement

May 7, 2019 7455 Views 0 comment Print

Appasaheb Lonkar case: Dispute arises over transfer of property, ITAT Pune rules no capital gains due to incomplete sale transaction.

Denial of exemption U/s. 11 to registered Trust for mere non- producing evidence of registration U/s. 12A/12AA is invalid

May 7, 2019 2205 Views 0 comment Print

In the present case, the assessee trust has made ample efforts for procuring information from the Department regarding duplicate copy of registration certificate. The Department was not able to provide any copy of the registration certificate.

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