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ITAT Pune

S. 80IB(10) -Canopy/ Porch cannot be treated as part of Built up Area as it is not habitable

October 30, 2015 4542 Views 0 comment Print

DCIT vs. Smt. Suman Jagannath Pharande (ITAT Pune) For the contention of inclusion of Canopy area in total built area, the ITAT held that built up area means the inner measurement of the residential unit at the floor level, including the projection and balconies, as increased by the thickness of the walls but does not include the common area shared with other residential units.

VAT collected but not paid is to be added to income even if amount has not routed through P&L Account

October 30, 2015 7714 Views 0 comment Print

VAT collected by the assessee was in respect of traded goods dealt in by the assessee and in view of the provisions of section 145A of the Act, the value of the VAT was to be included as part of sale consideration of the traded goods and once the same is to be included as part of the sale goods

Penalty can be levied on unrecorded receipts, expenditure and investments declared by assessee pursuant to search

October 30, 2015 1134 Views 0 comment Print

In the case of ACIT Vs. Dr. Nitin Laxmikant Lad Pune Bench of ITAT have held that where assessee had furnished original return of income in which he had not declared its receipts from the profession, but pursuant to the search and seizure operation, certain incriminating documents were seized

To avail Section 32(2) depreciation claim it’s not necessary that business carried on in following previous year

October 21, 2015 12919 Views 2 comments Print

The Serendipity Apparels Pvt. Ltd. Vs. CIT (ITAT Ahmedabad)- The assessee has derived its lease rental income under the head from other sources. There is no dispute that the same is covered u/s.56(2)(iii) of the Act.

Change in method of ALP in transfer pricing adjustment not permitted on same set of facts

October 8, 2015 4206 Views 0 comment Print

ITAT Pune held In the case of M/s. Vishay Components India Pvt. Ltd. vs. ACIT that where the revenue from year to year has accepted the method adopted by the assessee for benchmarking its international transactions with its associate enterprises, in the absence of any reasons brought

Bad debt cannot be disallowed merely because its of Group Company

September 30, 2015 4248 Views 0 comment Print

In this case During scrutiny assessment proceedings, the Assessing Officer inter alia disallowed writing off of bad debts of M/s. Kinetic Motor Co. Ltd. amounting to Rs.1,27,58,427/- as the same was Group Concern and AO further claimed that The debts have been written off as bad debts only to suppress the income.

Deduction u/s. 80IB(10) cannot be denied even if area of housing project is less than 1 acre or for non ownership of land

September 30, 2015 2603 Views 0 comment Print

Bhujbal Brothers Construction Company V/s. DCIT (ITAT Pune) Deduction u/s. 80I1B(10) on housing project at Damodar Residency has been denied primarily on two counts­(i) the area of the housing project is less than 1 acre, and (ii) the land on which the housing project has been developed does not belong to the assessee.

Addition based on third party evidence not tenable if no evidence found from assessee

September 19, 2015 8623 Views 0 comment Print

Shri Vinit Ranawat vs. ACIT (ITAT Pune)- Referring to the provisions of section 153A he submitted that the same is to be invoked for making an assessment of the person searched on the basis of the material found during the course of search on that person.

Addition made on account of third party evidence without establishing identity of Assessee not valid

September 16, 2015 4046 Views 0 comment Print

In case of Prabhat Chandra S Jain Vs. ACIT Pune bench of ITAT have held that where it is not established that name PC Jain of Mumbai written in the said document was in fact the assessee before us and in the absence of any evidence having been found to establish that the assessee

TP: Lower turnover cannot be sole basis for exclusion

August 28, 2015 1195 Views 0 comment Print

ITAT Delhi held in the case American Express (India) Private Limited vs. DCIT that even though the assessee in its TP study has included the turnover filter of less than Rs.1 crore, the assessee has given reasons for inclusion of these two companies in the list of comparables

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