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ITAT Pune

Customs duty drawback of preceding assessment years written-off as prior period item

January 5, 2023 1578 Views 0 comment Print

ITAT Pune held that customs duty drawback relating to preceding assessment years can be written-off ‘as prior period item’.

Deduction u/s 80P(2)(d) available to co-operative society for interest earned from investment with co-operative bank

January 4, 2023 4617 Views 0 comment Print

ITAT Pune held that interest income of co-operative society from investments/ deposits parked with co-operative bank is allowable as deduction to co-operative society under section 80P(2)(d) of the Income Tax Act.

Deemed rental income from unsold stock of Flats is taxable as house property income 

January 3, 2023 5856 Views 0 comment Print

There is no provision under the head Profits and Gains from business or profession which deems the rental income from unsold flats held as stock as Business income.

Employee’s contribution to PF not deposited before due date as per EPF Act is not allowable

January 2, 2023 867 Views 0 comment Print

In this case employee’s contribution to PF was not deposited before due date mentioned in Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. Hence, impugned amount has been rightly disallowed by AO.

No Addition for cash deposit due to wrong particulars of PAN given by Bank

January 1, 2023 2262 Views 0 comment Print

Parvez Peerpasha Inamdar Vs PCIT (ITAT Pune) It is seen that the only reason taken note of by the ld. PCIT for revising the assessment order is that the assessee had deposited Rs.92.25 lakh in his savings bank account which was not properly examined by the AO. The assessee categorically submitted before the AO that […]

ITAT deletes penalty for Failure to get Accounts Audited due to ill health of Wife

January 1, 2023 1050 Views 0 comment Print

The assessee pleaded a reasonable cause before the AO that the audit could not be carried out because of ill-health of his wife, which further worsened the family problems. Section 271B is subject to provisions of section 273B which provides that in case of a reasonable cause, penalty under the concerned section need not be imposed.

ITAT refuses to Condones delay of 1315 days in appeal filing as no reasonable cause exist

December 31, 2022 525 Views 0 comment Print

Janata Urban Co-op. Bank Ltd. Vs ACIT (ITAT Pune) The impugned order was passed in 2017, the appeal was filed in 2021. The assessee has filed return of income which clearly shows that the assessee is supported by professionals having expertise in Income Tax procedures. The delay of 685 days cannot be accepted as the […]

Education cess is not allowable deduction

December 30, 2022 2442 Views 0 comment Print

ITAT Pune held that payment of Education Cess (including secondary and higher secondary education), is an additional surcharge levied on income-tax and hence it partakes the character of Income-tax, and accordingly is not allowable deduction.

Expenditure incurred during interval period of setting up of a new business & its commencement can be allowed as deduction

December 26, 2022 984 Views 0 comment Print

ITAT held that expenses incurred for pre- operative nature cannot be set-off against the interest income. Held that, expenditure incurred by a company during the setting up of new business and its commencement can be allowed as deduction.

Wrong claim of assessee should be assisted by authorities in assessment proceeding

December 26, 2022 1254 Views 0 comment Print

ITAT Pune held that that the authorities under the Act are required to assist the assessee in the assessment proceedings by giving effect on the correct position of law even if the assessee makes wrong claim. Hence assessee is entitled to claim the same as exempted u/s. 10(37) of the Act instead of deduction u/s 54B of the Income Tax Act.

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