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ITAT Pune

No section 271(1)(c) Penalty if AO fails to specify inaccurate particulars of income

June 23, 2022 1761 Views 1 comment Print

Rajendra Venkat Reddy Vs DCIT (ITAT Pune) The issue in the present appeal relates to the levy of penalty u/s 271(1)(c) of the Act. The Assessing Officer sought to levy penalty in respect of addition of Rs.15,00,000/- being unexplained cash deposits in the bank accounts held by the appellant. The addition was purportedly made u/s […]

Section 271(1)(c) penalty quashed for not specifying inaccurate or false particulars

June 22, 2022 1053 Views 0 comment Print

Clean Science & Technology Pvt. Ltd. Vs CIT (A) (ITAT Pune) The issue in the present appeal relates to the levy of penalty u/s 271(1)(c) of the Act. On perusal of the penalty order as well as the assessment order, it would reveal that the penalty was levied for furnishing the inaccurate particulars of income […]

Section 14A disallowance- Investments yielding tax free dividend income to be taken

June 22, 2022 1863 Views 0 comment Print

Poonawalla Finance Pvt. Ltd. Vs DCIT (ITAT Pune) The only issue pressed is about restricting the addition under Rule 8D of the Income-tax Rules, 1962 by considering only such investments which yielded tax free dividend income. Hon’ble Delhi High Court in ACB India Ltd. vs. CIT (2015) 374 ITR 108 (Del) has held that the […]

ITAT upheld penalty on amount accumulated by Trust but not utilised & disclosed in ITR

June 22, 2022 405 Views 0 comment Print

Association of Indian Forging Industry Vs ITO (ITAT Pune) Association of Indian Forging Industry (hereinafter referred to as appellant) is a not-for-profit company incorporated u/s 25 of the Companies Act, 1956 and is also registered u/s 12A of the I.T. Act 1961, therefore eligible for exemption u/s 11 of the Act. As per the memorandum […]

Product Development Charges – Revenue or Capital Expense?

June 22, 2022 1383 Views 0 comment Print

ACIT Vs Rinder India Pvt. Ltd (ITAT Pune) We note that the assessee company is engaged in the business of manufacturing of automobiles signaling lights and other electrical items. The assessee filed its return of income declaring a total income of Rs.2,56,73,220/- and the AO determined the same at Rs.4,31,12,090/- inter alia making disallowance of […]

No section 269SS & 269T if reasonable cause for accepting/repaying loan in cash

June 21, 2022 1749 Views 0 comment Print

Sunil M. Bhide Vs Addl. CIT (ITAT Pune) It is seen from the penalty order that the assessee pleaded before the AO that he started construction of a commercial building on his plot. The construction work was halted because of paucity of funds. The said plot of land along with part construction was leased out […]

Delay in Appeal filing cannot be condoned for Lack of communication with Tax Advisors

June 21, 2022 717 Views 0 comment Print

Further, there is lack of communication between the tax advisors and the Board of Directors due to which the appeal could not be filed before this Tribunal within stipulated time. He stated that this appeal was filed with a delay of 423 days when a call received from the office of Tax Recovery Officer regarding tax arrears and made enquiries with tax counsel, came to know that the appeal against the order of CIT(A) is required to be filed.

Expenses to discharge mortgage debt created by previous owner allowable as cost of acquisition

June 21, 2022 1068 Views 0 comment Print

Balram Shitaldas Ahuja Vs ITO (ITAT Pune) The assessee’s sole substantive grievance contested during the course of hearing challenges correctness of both the lower authorities action disallowing its mortgage expenditure of Rs.55 lakhs as cost of acquisition with the corresponding indexation. Distinction between the mortgage created by the previous owner which is discharged by the […]

Addition for difference in Share of profit from Partnership due to Mistake in lowering the same not sustainable

June 21, 2022 774 Views 0 comment Print

Addition for difference in Share of profit from Partnership due to Mistake in lowering the profit in revised Return same not sustainable

Income from Sale of Shares treated as Business Income as Assessee himself treated the same as Business Income in earlier & Subsequent years

June 21, 2022 603 Views 0 comment Print

Income from Sale of Shares treated as Business Income as Assessee himself treated the same as Business Income in earlier & Subsequent years

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