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ITAT Pune

Penalty not leviable for Bonafide & Inadvertent mistake in deduction claim

June 24, 2022 5712 Views 0 comment Print

No penalty u/s.271(1)(c) can be imposed in respect of inadvertent and bona fide mistake committed by the assessee.

ITAT Allows Administrative Service Charges considering emails as evidence

June 24, 2022 456 Views 0 comment Print

Read the detailed analysis of ACIT Vs Tata Autocomp case by ITAT Pune. Disputed deduction of Rs.2.64 crore for Administrative Service charges, resolved in favor of the assessee.

Reopening based on change of opinion due to Audit Objection is invalid

June 24, 2022 3258 Views 0 comment Print

Explore ITAT Pune resolution in ACIT vs. Rohan & Rajdeep case. Deduction dispute u/s 80IA(4) for infra projects analyzed. Reopening validity examined.

If agreement for sale of immovable property not registered, it not amounts to transfer

June 24, 2022 2637 Views 0 comment Print

If an agreement for sale of immovable property is not registered, it does not amount to transfer in view of the 2001 amendment carried out to section 55A of the Transfer of Property Act and also simultaneous amendments to section 17(1A) and 49 of the Registration Act, 1908

Deduction of excessive price paid on sugarcane purchase by Co-op sugar factory

June 24, 2022 1425 Views 0 comment Print

Sant Tukaram Sahakari Sakhar Karkhana Ltd. Vs ITO (ITAT Pune) We find the issue of payment of excessive price on purchase of sugarcane by the assessee is no more resintegra in view of the judgment of Hon‟ble Supreme Court in CIT Vs. Tasgaon Taluka S.S.K. Ltd. (2019) 103 taxmann.com 57 (SC). The Hon‟ble Apex Court […]

Addition for cash found during search cannot be made to Assessee if already offered for taxation by sister concern

June 23, 2022 1020 Views 0 comment Print

Sparco Engineering Pvt. Ltd. Vs ACIT (ITAT Pune) We find an amount of Rs.3,71,94,261/- which is above the cash receipt projected by the AO offered to tax in the hands of SMAEPL in which the assessee is sister concern, in whose hands the AO made addition again is, in our opinion, not maintainable. We note […]

Miscellaneous expenses Paid by Cheques based on Self-Made Voucher allowable

June 23, 2022 3939 Views 0 comment Print

ITAT held that miscellaneous expenses Paid Through Cheques Based On Self-Made Voucher Allowable for the purpose of business are allowable.

No section 271B penalty for delay in Audit report filing due to Illness of Accountant

June 23, 2022 4677 Views 0 comment Print

Section 273B of the Act provides that the penalty u/s 271B need not be imposed if there is a reasonable cause for the said failure.

Diasallowance of entire expense for non-submission of evidence is unreasonable

June 23, 2022 999 Views 0 comment Print

The Assessing Officer as well as the ld. CIT(A) had chosen to disallow the entire expenditure without appreciating the fact that no income of hire charges can be earned without incurring expenditure on salaries and fuel etc. This approach of lower authorities is most unreasonable and arbitrary.

No Section 234E late fee for default committed before 01.06.2015

June 23, 2022 528 Views 0 comment Print

Section 200A deals with processing of statements of tax deducted at source. Clause (c) of section 200A(1) was inserted by the Finance Act 2015 w.e.f. 01-06-2015 providing for the levy of fee u/s.234E of the Act.

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