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ITAT Pune

Order under Section 234E of Income Tax Act is appealable: ITAT Pune

July 26, 2022 3648 Views 0 comment Print

As per section 246A of the Act, the assessee has a right to file an appeal before CIT(A) against the intimation under section 200A of Act.

Compensation to land-owners cannot be allowed merely based on Bank Statement

July 25, 2022 366 Views 0 comment Print

Home Developers Vs DCIT (ITAT Pune) On perusal of the agreement, it was observed that the assessee paid Rs.36,09,000/- being compensation paid to land-owners, for allotting less than agreed constructed area, as per development agreement. The AO asked the assessee to submit the supporting documentary evidences viz., confirmation from the parties, books of accounts of their parties […]

No Section 80IB deduction on Remuneration & Share of Profit from Partnership Firm

July 25, 2022 1794 Views 0 comment Print

Eligibility of remuneration, share of profits received from partnership firm, whose profits are eligible for deduction u/s 80IB of Income Tax

Section 54F Deduction available on reinvestment in twin residential units

July 21, 2022 5031 Views 0 comment Print

Held that a residential house for the purpose of section 54F(1) deduction can indeed cover multiple units in same or different towers or residential blocks

Penalty cannot be levied on charges not forming part of penalty proceeding initiation 

July 21, 2022 837 Views 0 comment Print

It is settled position of law that AO cannot levy penalty on charges different from the charges for which penalty proceedings were initiated

Industrial Promotion Scheme Subsidy not to be reduced from cost of fixed assets for depreciation

July 21, 2022 7698 Views 0 comment Print

With the advent of Insolvency and Bankruptcy Code, 2016 (IBC), there has been a transformative turnaround in the corporate insolvency resolution framework in India. However, the IBC does not accommodate and provide for specific arrangements or contains any provision for group insolvency as the legislation itself is still evolving and is designed for a single economic entity.

Container Freight Station (CFS) eligible to claim section 80IA(4) deduction

July 21, 2022 1812 Views 0 comment Print

DCIT Vs Continental Warehousing Corporation (Nhava Sheva) Ltd (ITAT Pune) The only issue is to be decided is as to whether the CIT(A) justified in allowing deduction u/s. 80IA(4) of the Act in respect of Container Freight Station (CFS). At the outset, we note that this issue is covered in favour of the assessee by […]

FTS not include consideration taxable as Salary in the hands of recipient

July 20, 2022 1491 Views 0 comment Print

FTS does not include consideration `which would become income of the recipient chargeable under the head Salaries’.

Late Filing of Appeal – Scarcity of Advisors not valid reason for SBI

July 18, 2022 876 Views 0 comment Print

State Bank of India Vs ACIT (ITAT Pune) We find that the assessee had deducted TDS as per rates prescribed by the Act and the same was deposited in Central Government account, but with a delay in filing the TDS statement as required under law. For such failure the respondent-revenue levied late fee u/s. 234E […]

Section 234E Late fee is automatic and not discretionary

July 17, 2022 7893 Views 1 comment Print

Held that when there is a delay, a late fee u/s 234E and 200A of the Act is automatic and there is no discretion not to levy late fees with the TDS Officer.

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