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ITAT Pune

AO cannot make addition by relying on rejected books of accounts

February 26, 2022 7134 Views 0 comment Print

ACIT Vs ISMT Limited (ITAT Pune) It is settled position of law that the Assessing Officer cannot rely on the same books of accounts which are rejected for the purpose of making any other additions as held by the Hon’ble Andhra Pradesh High Court in the case of Indwell Constructions vs. CIT, 232 ITR 776 […]

Concessional tax rate on gross receipt basis not allowable if Assessee claims exclusion of reimbursements

February 21, 2022 1200 Views 0 comment Print

GRI Renewable Industries S.L. Vs ACIT (IT) (ITAT Pune) It is seen that the assessee offered its income from ‘royalties’ and ‘fees for technical services’ on gross basis, albeit at the concessional rate of tax. The assessee claimed that a sum of Rs.35.67 lakh was received as reimbursement of expenses which was not liable to […]

Payment for use of overall ICT Infrastructure is Royalty under India – Netherlands DTAA

February 20, 2022 1620 Views 0 comment Print

Vanderlande Industries Private Limited Vs ACIT (ITAT Pune) A cursory glance at the definition of the term `Royalties’ makes it patent that the hitherto content of para 4 of Article 12 comprising of copyright royalty cases only became subject matter of sub-para (a) of the amended para 4 of Article 12. In addition, para 4(b) […]

Deemed rent for unsold flats cannot be treated as Income of Developer

February 20, 2022 2706 Views 0 comment Print

ITAT Pune rules in favor of Ankit Enterprises, citing the treatment of unsold flats as stock-in-trade. Deemed rent addition not applicable.

ITAT slams dept for addition against Loan taken by Assessee for further studies of daughter

February 13, 2022 912 Views 0 comment Print

Ganesh Balkrishna Bende Vs ITO (ITAT Pune) Here is a case in which a salaried person pooled his life­long endeavour for the further studies of his daughter. In such a panorama, a holistic approach needs to be adopted. When I consider the facts of the instant case as a whole, there remains no doubt whatsoever […]

Section 54F exemption eligible on two flats to be used as a single dwelling unit

February 11, 2022 7107 Views 0 comment Print

Appeal by Anita Oberai against CIT(A) denial of exemption u/s.54F for two adjacent flats purchased. ITAT Pune sets aside the order in favor of the assessee.

Software licences & support services not chargeable to tax as Royalty

February 11, 2022 2538 Views 0 comment Print

BMC Software Asia Pacific Pte Ltd. Vs ACIT (ITAT Pune) The brief facts relating to the issue are that the assessee is a company incorporated under the laws of Singapore and is a tax resident of Singapore, therefore, the assessee is a non-resident from an Indian Income-tax perspective. We note that the assessee declared an […]

Brokerage cannot be deducted from Capital Gain if Assessee not furnishes evidence of payment

February 10, 2022 16605 Views 0 comment Print

Smt. Preeti Rathi Vs ITO (ITAT Pune) The first issue raised herein is against not allowing deduction towards brokerage of Rs.80,000/- paid by the assessee at the time of purchase of the property in the computation of capital gain towards. The claim of the assessee is that she paid a sum of Rs.80,000/- as brokerage […]

Assessment proceedings commence with filing of return & not when notice is issued for first time under s. 143(2)

February 7, 2022 2622 Views 0 comment Print

Sansthan Shree Eknath Maharaj Vishwastha Mandal Vs ITO (Exemption) (ITAT Pune) There is no dispute on the fact that the assessee filed its return of income on 17.01.2017 for the year under consideration. The approval was granted by the ld. CIT(E) u/s 12AA on 16.05.2017. At this stage, it is relevant to take note of […]

Internal TNMM preferred over external TNMM considering a higher degree of comparability

January 15, 2022 3303 Views 0 comment Print

Neilsoft Private Limited Vs DCIT (ITAT Pune) This appeal by the assessee is directed against the final assessment order dated 13-04-2021 passed by the Assessing Officer u/s 143(3) r.w.s. 144C(13) r.w.s. 143(3A) & 143(3B) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) in relation to the assessment year 2016-17. 2. The only […]

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