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ITAT Pune

AOP taxed at normal rates instead of maximum marginal rate as section 167B not applicable

April 8, 2025 2649 Views 0 comment Print

ITAT Pune held that Association of Person (AOP) taxable at Normal Rates instead of Maximum Marginal Rate (MMR) as provisions of section 167B of the Income Tax Act are not applicable. Accordingly, appeal of assessee allowed.

ITAT Allows Appeal Delay, Directs Fresh Adjudication by AO Following SC Guidelines

April 8, 2025 4284 Views 0 comment Print

ITAT Pune condones delay in appeal by Vaibhav Surve, remands case for reassessment of capital gains on land sale under Section 50C.

Entire R&D expense in India is eligible for weighted deduction u/s. 35(2AB): ITAT Pune

April 8, 2025 921 Views 0 comment Print

ITAT Pune held that entire amount of R&D expense in India is eligible for weighted deduction u/s. 35(2AB) and R&D capital expense outside India is eligible for deduction u/s. 35(1)(iv) of the Income Tax Act.

Subsidy received after commencement of cold chain facility is revenue receipt

April 7, 2025 843 Views 0 comment Print

The assessee is a limited company engaged in the business of Unit manufacturing homogenized and pasteurized milk and manufacturing of milk products like Ghee Butter, milk powder and other milk products.

Delays & Non-Compliance Before Lower Authorities Warrant Sympathetic View: ITAT Pune

April 7, 2025 627 Views 0 comment Print

ITAT Pune remands Gourishankar Education Society appeals due to delays and management issues, allowing re-examination of quantum and penalty cases.

No Late Fee Under Section 234E for TDS Returns Filed Before 01.06.2015: ITAT Pune

April 7, 2025 963 Views 0 comment Print

ITAT Pune rules late fee under Section 234E not applicable for TDS returns filed before 01.06.2015, allowing Dr. Khanade Hospital’s appeal for AY 2013-14.

Recording of consolidated satisfaction note u/s. 153C for different assessment years is bad-in-law

April 5, 2025 1503 Views 0 comment Print

ITAT Pune held that satisfaction note is required to be recorded u/s.153C for each assessment year, thus, recording of consolidated satisfaction note for different assessment years (AY) would vitiate the entire assessment proceedings.

No Section 54F Deduction on LTCG Without Proof of House Construction: ITAT Pune

April 4, 2025 987 Views 0 comment Print

ITAT Pune upholds denial of Section 54F deduction. Assessee’s house construction predates asset sale, violating time limits.

Sec. 115BBE special rates not applied to income surrendered during survey

April 3, 2025 1221 Views 0 comment Print

ITAT Pune held that additional income surrendered during the course of survey is taxable at normal rates and not at special rates as per section 115BBE of the Income Tax Act. Accordingly, appeal of revenue dismissed.

ITAT Pune Remands ₹1.04 Cr Unexplained Cash Case to CIT(A)

April 2, 2025 804 Views 0 comment Print

ITAT Pune sets aside ₹1.04 Cr unexplained cash deposit case for fresh adjudication by CIT(A). The cooperative society claims deposits were from loan recoveries.

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