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ITAT Pune

No Deemed Rent Addition for Unsold Flats declared as Stock In Trade

May 10, 2023 1671 Views 0 comment Print

ITAT held that no addition is maintainable on deemed rent on unsold flats which are shown as stock-in-trade. Dugad Properties Vs DCIT (ITAT Pune)

No Section 234E late fees for delayed TDS Statement filed before 31.05.2015

May 10, 2023 726 Views 0 comment Print

Klug Avalon Mechatronics Private Limited Vs ITO (ITAT Pune) ITAT held that a person is liable to deduct any sum under the provisions of chapter XVII of the Act, is under obligation to deliver or furnish a statement u/s 200(3) of the Act within the due date prescribed therein and in the event of default, […]

No obligation to deduct section 194H TDS if commission not debited to Profit & Loss Account

May 8, 2023 4491 Views 0 comment Print

Ketan Sahebrao Purkar Vs ITO (ITAT Pune) The issue involved in the present appeal is whether on the facts and circumstances of the case, the appellant is liable to deduct tax at source u/s 194H in respect of expenditure claimed to have been debited to Profit & Loss Account under head “commission”. Without delving into […]

Transfer of land as share of capital in AOP is taxable u/s 45(3) of Income Tax Act

May 8, 2023 4602 Views 0 comment Print

ITAT Pune held that contribution of undivided title and rights in the land as share of capital in AOP is taxable under section 45(3) of the Income Tax Act.

Indexed cost of development not allowed on failure to substantiate the claim

May 8, 2023 897 Views 0 comment Print

ITAT Pune held that claim of indexed cost of development not acceptable as assessee failed to furnish any evidence towards the same.

Jurisdiction to levy penalty u/s 271(1)(c) fails for non-application of mind by AO

May 8, 2023 2703 Views 1 comment Print

Dinesh Sitaram Patil Vs ITO (ITAT Pune) We note that, while culminating the reassessment proceeding in the case of the assessee, the Ld. AO vide concluding para placed at page 4 of his order communicated the assessee his action of initiating the penalty proceedings u/s 271(1)(c) of Act for ‘under reporting / mis-reporting’ of income […]

State Govt Undertaking Employee cannot be treated as State Govt Employee for Gratuity & LTA Exemption

May 8, 2023 2835 Views 0 comment Print

State Government Undertaking may be considered as a State instrumentality within the definition of article 12 of Constitution of India, the same cannot be treated as Central or State Government

Section 263 cannot be Invoked if AO Adopted One of Two Plausible Views

May 3, 2023 1368 Views 0 comment Print

ITAT held that when two views are legally possible and Assessing Officer adopts one view the Assessment Order cannot be said to be erroneous for CIT to invoke jurisdiction u/s. 263

Waiver of cash loan not income within the purview of section 28(iv)

May 1, 2023 1647 Views 0 comment Print

ITAT Pune held that waiver of cash loan by holding company is not income within the purview of section 28(iv) of the Income Tax Act. Accordingly, addition unsustainable.

NFAC can entertain fresh claims without a revised return

April 28, 2023 948 Views 0 comment Print

Pre-condition of filing of a revised return nowhere impinges upon jurisdiction of various appellate forums; NFAC can very well entertain even fresh claims without a revised return.

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