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ITAT Pune

Adjustment of seized cash before completion of assessment permitted against self assessment/ advance tax subject to specific request made by assessee

November 18, 2015 1834 Views 0 comment Print

ITAT Pune held In the case of ACIT vs. RDS Construction Pvt. Ltd. that on the matter of adjustment of seized cash with the self assessment tax, we find no infirmity in the order of the CIT(A) since the assessee vide letter dated 30-03-2010

Reopening u/s 263 justified in case AO ignored the fact that assessee shown business income while he cease to be in business by letting out his entire factory premises

November 17, 2015 742 Views 0 comment Print

ITAT Pune held In the case of M/s Jagdamba Sahakari Sakhar Karkhana Ltd. vs. CIT that it is not justified to show the rental income from the leasing out of its entire factory premises and industrial unit as income from business & profession as the assessee has not carried out any business

Order resulting in payment of interest u/s 244A is appealable

November 13, 2015 2382 Views 0 comment Print

Sandvik Asia Limited V/s. CIT (OSD)- ITAT Pune – Interest on the refund is really a part of the refund and interest and refund are not two different things. When the Income-tax Officer has passed the order under section 154 of the Act without granting interest due to the assessee

If income been disclosed by assesse after search by filing return u/s 153A then penalty u/s 271(1)(c) is imposable

October 30, 2015 634 Views 0 comment Print

ITAT Pune held in Mrs Sarita Manjeet Singh Chopra Vs ITO that if the assesse had disclosed its unaccounted income filing return u/s 153A only after it was caught in search by the income tax department then that disclosed income through return would be considered as undisclosed income

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

October 30, 2015 4920 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 7825 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 1197 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 13000 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 4326 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 4293 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.

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