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ITAT Pune

Educational Institution Eligible for Section 10(23C)(iiiab) Exemption

June 12, 2023 5481 Views 0 comment Print

The appeal involves eligibility of an educational institution for exemption under section 10(23C)(iiiab) of Income Tax Act. It is observed that educational institution in question is substantially financed and meets criteria for exemption under section 10(23C)(iiiab) of Income Tax Act.

Penalty u/s 271(1)(c) without opportunity to assist to Assessee – ITAT directs NFAC for fresh consideration

June 11, 2023 2298 Views 0 comment Print

Balwant Baburao Vitekar (Late) vs ITO (ITAT Pune) where the imposition of penalty under section 271(1)(c) was challenged. The appeal was allowed on the grounds that the assessee was not given the opportunity to assist in the penalty proceedings.

ITAT allows Weighted Deduction u/s 35(2AB) to Americhem Polymers

June 11, 2023 1230 Views 0 comment Print

Explore ITAT Pune’s decision in Americhem Polymers vs ACIT. Key issue: Weighted deduction u/s 35(2AB) disallowance for non-submission of DSIR report.

Penalty u/s. 271(1)(c) not leviable as change in method of accounting not concealment

June 10, 2023 795 Views 0 comment Print

ITAT Pune held that change in method of accounting cannot partake character of concealment. Accordingly, penalty under section 271(1)(c) of the Income Tax Act not leviable.

Registration u/s 80G(5)(vi) denied as agreement likely to give benefit to trustees

June 9, 2023 4683 Views 0 comment Print

ITAT Pune held that registration under section 80G(5)(vi) of the Income Tax Act not granted as the agreement gives benefit of the persons covered u/s. 13(3) of the Act.

Co-Operative Societies can claim section 80P(2) deduction on Interest Received from Co-Op. Banks 

June 9, 2023 7059 Views 0 comment Print

ITAT held that Co-Operative Societies can claim Interest Received from Co-Op. Banks as Deduction u/s 80P(2) of the I. T. Act, 1961

Insertion of first and second proviso to section 50C(1) being curative in nature has retrospective effect

June 8, 2023 4077 Views 0 comment Print

ITAT Pune held that first and second proviso(es) to section 50C(1), inserted by the Finance Act 2016 w.e.f. 01.04.2017 being curative in nature inserted for removing hardships to the taxpayers and, therefore, it carries retrospective effect.

Section 80P(2)(a)(i) deductions allowed on interest from nationalized bank deposits to Co.op. Credit societies

June 7, 2023 1395 Views 0 comment Print

Explore the landmark ruling by ITAT Pune on deductions for interest income from deposits with a nationalized bank, as illustrated in the Subordinate Engineers Association MSEB Co.op. Credit Society Ltd Vs ITO case.

Sale of sugar to members at concessional rate vis-à-vis appropriation of profit needs reconsideration

June 6, 2023 2082 Views 0 comment Print

ITAT Pune held that difference between average price of sugar sold in the market and that sold to members at concessional rate is appropriation of profit or not needs re-consideration. Accordingly, matter restored.

Penalty u/s 271AAA leviable on failure to substantiate source & manner of undisclosed income

June 1, 2023 963 Views 0 comment Print

ITAT Pune held that penalty under section 271AAA of the Income Tax Act leviable as assessee failed to substantiate the source as well as the manner of the undisclosed income.

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