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ITAT Pune

Assessee entitled to claim depreciation on goodwill

April 13, 2023 1803 Views 0 comment Print

Value of goodwill is amount paid over & above tangible assets and values assigned to other intangible assets – Depreciation allowed

Order of CIT(A) suffers from lack of verification of facts and hence matter remanded

April 11, 2023 708 Views 0 comment Print

ITAT Pune remanded the matter as order of CIT(A) suffers from lack of verification of facts and applicability of legal provision in the subject matter.

Waiver of loan not taxable u/s. 28(i) as it is not a business income

April 10, 2023 4149 Views 0 comment Print

ITAT Pune held that waiver of loan is not taxable under section 28(i) of the Income Tax Act as the same is not a business income.

Cash Deposited during Demonitization allowed by Pune ITAT

March 30, 2023 1860 Views 0 comment Print

It is seen that the assessee is maintaining regular books of accounts. The first item is of Rs. 20,50,000/- claimed to have been received from farmers out of advances made in the preceding year.

ITAT deletes addition for duly explained Cash Deposits during demonetisation

March 29, 2023 2169 Views 0 comment Print

AO observed that the assessee deposited cash of Rs.17.00 lakh in his bank account on different dates during the demonetization period.

Rent of Flat not Used for Business Purpose is not allowable

March 29, 2023 582 Views 0 comment Print

it has been clearly brought out that this flat was never used for any business purposes of the assessee-company and whatever evidences have been produced in the form of leave and licence agreement, minutes of Board meeting, etc. fall in the category of self-serving documents.

Claim of enhanced amount of carry forward loss in revised return filed within time permitted u/s 139(5) allowable

March 25, 2023 8628 Views 0 comment Print

ITAT Pune held that once a revised return is filed within the time permitted u/s.139(5), it substitutes the original return in all respects. Accordingly, claim of enhanced amount of carry forward of loss vide revised return is allowable.

Order not containing DIN shall be treated as invalid

March 20, 2023 1662 Views 0 comment Print

ITAT Pune held that default in allotting ‘DIN and Order’ results into quashing of the impugned assessment as according to CBDT circular no. 19/2019 dated 14.08.2019 such an order ought to be treated as to have never been issued herein.

Deduction u/s 80IA(7) of Income Tax Act allowable as return duly filed within extended time limit

March 18, 2023 660 Views 0 comment Print

ITAT Pune held that order u/s 119 dated 27.09.2019 extending due date to 31.10.2019 in respect of cases covered under Explanation 2(a) to section 139(1) applies to HUF too. Accordingly, as return by HUF filed within extended time limit, deduction u/s 80IA(7) of Income Tax Act allowable.

Appellate authority is empowered to entertain any new claim not made before AO

March 18, 2023 2319 Views 1 comment Print

Aggreko Energy Rental India Pvt. Ltd. Vs DCIT (ITAT Pune) ITAT Pune held that appellate authority has power to entertain any new claim for the first time though not made before the Assessing Officer as the intention of the revenue would be to tax real income. Accordingly, revised claim of depreciation on goodwill made otherwise […]

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