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ITAT Pune

Subsidy for dispersal of industries in less developed area is capital receipt

August 16, 2022 1134 Views 0 comment Print

Held that the subsidy granted for encouraging the dispersal of industries to the less developed areas of the State of Maharashtra cannot be treated as revenue receipt.

MAT Credit eligible on Surcharge, Education Cess & Additional Surcharges

August 16, 2022 3717 Views 0 comment Print

MAT credit u/s. 115JA cannot be denied on Surcharge, education cess and additional surcharge – secondary and higher education cess

TDS not deductible on interest paid by Co-op. Bank to Nominal members

August 16, 2022 6501 Views 1 comment Print

Mandheshwari Urban Development Co-op. Bank Ltd. Vs ACIT (ITAT Pune) issue in the present appeal relates to whether a nominal member, who is not a registered member of the society, can be treated as a member of the cooperative society whether the exemption is available under clause (v) of sub-section (3) of section 194A of […]

Interest on delayed TDS payment not allowable as Deduction

August 16, 2022 1407 Views 0 comment Print

ITAT held that interest on delayed payment of TDS cannot be allowed as deduction in terms of section 40(a)(ii) of Income Tax Act, 1961.

Section 54B- Land Re-purchased need not be Agricultural on Re-Investment date

August 14, 2022 1818 Views 0 comment Print

Legislature has nowhere incorporated that the lands re-purchased in section 54B deduction claim have to be agricultural on re-investment date

Section 271B penalty not imposable for non-business income transactions

August 10, 2022 1866 Views 0 comment Print

AR contends that there were no sales or purchase made by the assessee during the year under consideration and the additions made on account of unexplained cash deposits, unexplained investments, unexplained other investments and unexplained profit on sale of land to an extent of Rs.15,40,26,567/- is not turnover as the investments and sale of land was in the nature of capital gain but not in the category of business income.

Revenue cannot debar genuine refund of Assessee for non-payment of TDS by deductor

August 10, 2022 1266 Views 0 comment Print

Revenue has sufficient machinery to recover such amount of TDS deducted from the defaulting assessee but this is not the right way for the revenue to collect the tax again or debar genuine refund to the assessee who has already suffered taxation at source.

Expense on let out commercial property maintenance- Section 11 Exemption

August 10, 2022 909 Views 0 comment Print

Where surplus funds were utilized for additions to a building, which was let out and the income thereof applied for charitable or religious purposes, the utilization of such surplus was held to amount to application of income for religious or charitable purposes

Exemption u/s 11 available to education activities resulting in university degrees

August 5, 2022 1599 Views 0 comment Print

Held that assessee providing education activities only which results in university degrees in various courses is eligible for exemption u/s 11.

No Section 54F exemption on House purchased by Wife from her fund

August 4, 2022 1593 Views 0 comment Print

Dilip B. Mundada Vs DCIT (ITAT Pune) Jurisdictional High Court and other Hon’ble High Courts and ITAT Pune have held that for availing the benefit of deduction u/s 54F the new asset shall be purchased in the name of the assessee. Applying the said proposition of law to the present case, we hold that the […]

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