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ITAT Pune

Additional depreciation u/s 32(1)(iia) available in respect of windmill

June 30, 2022 2661 Views 0 comment Print

Held that as the assessee is in windmill’s power generation business, additional depreciation available for windmill u/s 32(1)(iia).

Reopening reasons have to be read on standalone basis

June 29, 2022 645 Views 0 comment Print

Reopening reasons have to be read on standalone basis without any scope of addition, deletion or substitution therein even if supportive material emerges at a later stage.

No section 271B penalty for delay due to appointment of new Auditor

June 29, 2022 1083 Views 0 comment Print

The new auditor, as per the established procedure, sought a no objection from the earlier auditor, who raised certain objections. Those issues were resolved later on, which led to the delay in the audit of the accounts of the assessee.

Entertainment subsidy is a capital receipt & not revenue receipt

June 28, 2022 1539 Views 0 comment Print

Explore the ITAT Pune ruling in Karandikar Enterprises vs. ACIT case. Victory for the assessee on the treatment of entertainment tax subsidy as a capital receipt, with detailed analysis.

Order set-aside as CIT(A) deleted addition without calling for remand report

June 27, 2022 822 Views 0 comment Print

Assessee did not submitted necessary details before AO. CIT(A) deleted the addition made by the AO on this score without calling for the remand report. Tribunal set-aside the impugned order.

When property is vacant, rent is to be calculated under section 23(1)(a)

June 27, 2022 4563 Views 0 comment Print

The assessee rent for the property which remained vacant for the entire year shall be calculated as per provisions of Section 23(1)(a) of the Act. Section 23(1)(c) will not be applicable in such case.

Delay cannot be condoned simply for confusion of Assessee regarding the course of action

June 27, 2022 324 Views 0 comment Print

ITAT find that the assessee has not been able to bring out genuine reasons, firstly, for such a huge delay of 1103 days in filing the appeal before the Tribunal and also why the assessee irrespective of being given eight opportunities by the ld. CIT(A) did not present himself or through his authorised representative before the first appellate authority.

ITAT restricts addition to 50% for non-furnishing of requisite detail related to refund of advances from customers

June 24, 2022 501 Views 0 comment Print

Explore Ravindra Dattu Jadhav vs. ITO case: Uncovering undisclosed income in land trading, agricultural activity dispute. ITAT Pune modifies CIT(A) order, restricts addition to 50%.

In absence of Evidence Proving Creditworthiness of Creditors additions justified

June 24, 2022 594 Views 0 comment Print

Explore the case of Nitin Madhukar Rathi vs. DCIT at ITAT Pune involving unsecured loans and unexplained cash deposits. CIT(A) partially grants relief, but Rs. 38,00,000 addition confirmed.

Subsidy for encouraging dispersal of industries to less developed areas cannot be treated as revenue receipt

June 24, 2022 879 Views 0 comment Print

Discover the ITAT Pune decision in DCIT Vs Haldex India Pvt. Ltd. case. Analysis of subsidy taxability under Package Scheme of Incentives, 2007. Learn more.

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