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ITAT Pune

Gain on settlement of sales tax deferred liability not taxable

January 14, 2019 1521 Views 0 comment Print

Alfa Laval India Ltd. case: Difference between the Net Present Value against the future liability credited by the assessee under the capital reserve account in its books of account, is a capital receipt, the addition made on account of the gain on settlement of the sales tax deferred liability not taxable

No addition for jewellery for mere non-match with description in Wealth-tax returns

January 4, 2019 1599 Views 0 comment Print

Rajkumar B. Agarwal Vs DCIT (ITAT Pune) No addition on account of jewellery items on seized documents did not tally with description of jewellery in Wealth-tax returns in case total weight of jewellery was same Conclusion: Where total gold jewellery in weight found at the time of search matched with the earlier declarations made by […]

Section 54F exemption cannot be denied merely because bills & vouchers were not produced

December 18, 2018 2124 Views 0 comment Print

Shri Govind Gangadhar Sabane Vs ITO (ITAT Pune) There is no dispute to the fact that one capital asset was sold and thereafter, new house was constructed. That both the Revenue Authorities in their respective orders have agreed that the Inspector had visited the site and has reported that residential house has been constructed consisting […]

No TDS on Payment to Amazon for Web-Hosting as same is not Royalty

December 5, 2018 43077 Views 1 comment Print

EPRSS Prepaid Recharge Services India Pvt. Ltd. Vs ITO (ITAT Pune) Tribunal further observed that there was no amendment in the DTAA between the two countries analogous to the Explanation 5 to section 9(1) of the Act and accordingly Amazon was not chargeable to tax in respect of Web hosting charges received from the assessee […]

If Authorised representative is empowered by assessee to appear before authorities,every concession was binding on assessee

November 28, 2018 1920 Views 0 comment Print

Once assessee empowers his Authorised represntative to appear before authorities, all of authorised representatives concessions were binding on assessee and there was no need to ignore any concession made by Authorised representative and personally call upon assessee to make concession in every case.

No STCG in case insurance claim less than amount of actual expenditure on re-construction

November 28, 2018 3780 Views 0 comment Print

Where the amount of insurance claim was less than the amount of actual expenditure incurred on re-construction/renovation, no short term capital gain u/s. 45(1A) could be charged under such circumstances.

Declaration of additional incomes when AO confronted with details of Form No. 26AS attract penalty

November 26, 2018 2145 Views 0 comment Print

Assessee had declared additional incomes when AO confronted with details of Form No. 26AS , it could not be said that declaration of income by assessee was voluntary, therefore, levy of penalty under section 271(1)(c) on account of concealment was justified, especially in view of the fact that similar income had been earned and duly offered to tax during earlier years also.

Section 234E: Assessee not liable for late filing charges for the period prior to June, 2015

November 6, 2018 9714 Views 0 comment Print

Assessee could not be held liable for levy of late filing charges under section 234E for the period prior to June, 2015 in the absence of amendment to section 200A, which was brought on Statute from 1-6-2015.

Web hosting charge payment to Amazon Web Services do not constitutes royalty

October 24, 2018 15372 Views 0 comment Print

Assessee was only using services provided by Amazon and was not concerned with the rights in technology. The fees paid by assessee was for use of technology and cannot be said to be for use of royalty,

Document seized at group company place cannot be held to be belonging to assessee

October 17, 2018 1155 Views 0 comment Print

Ekdanta Land Pvt. Ltd. Vs ITO (ITAT Pune) It is a settled issue that the seized papers seized from the premises of Jai Corp Group and others cannot be relied upon for making additions in the hands of the land aggregators whose names appeared in the said documents. It is not the case of the […]

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