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It could not be said that contractors were agents of the Assessee for provision of labour and that Assessee paid to the contractors on principal-to-principal basis and no agency of any sort was involved in the transaction.
Shree Buildcon & Associates Vs JCIT
(2022) TaxCorp(LJ) 29174 (ITAT-PUNE)
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Deduction under Section 80-IC is not available in computation of book profits under Section 115JB.
Chheda Electricals and Electronics Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29173 (ITAT-PUNE) · Section 80-IC
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The doctrine res-judicata has no application to the income-tax proceedings merely because the claim came to be in the earlier years, it is does not mean that the Assessing Officer should allow the same when he is conscious of the non-allowability of the claim in view of well settled position of law in this issue.
Ascendas IT Park (Pune) Private Limited Vs DCIT
(2022) TaxCorp(LJ) 29076 (ITAT-PUNE)
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Interest expenditure incurred on loans taken for investment in acquiring controlled interest in a Company which was in the same line of business as that of the Respondent would be allowable expenditure under section 36(1)(iii) of the Act.
Bitwise Solutions Pvt. Ltd Vs The DCIT
(2022) TaxCorp(LJ) 29074 (ITAT-PUNE)
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Assessee’s claim under Section 80-IA(4) was allowed by the Revenue in flagrant violation of Section 80(5) and the assessment order passed was contrary to the plain provisions of the Act.
Mahavir Civil Engineering Vs PCIT (Central)
(2022) TaxCorp(LJ) 29073 (ITAT-PUNE) · Sections 80-IA, 80(5)
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The activity of CD writing was done at the Parwanoo unit for transfer to the Pune unit has been recorded at more than its market value as against the mandate of Section 80IA(8).
Biz Secure Labs Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 28784 (ITAT-PUNE) · Section 80-IC
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Merely because the prescribed Audit Report in Form No. 56F was not filed in the return of income, denial of claim under Section 10A was erroneous.
Clarion Technologies Pvt. Ltd Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 28751 (ITAT-PUNE) · Section 10A
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No rental income can be said to have accrued to the Assessee from unsold flats either as stock in trade or under income from house property.
KD Construction unit I Vs ITO
(2022) TaxCorp(LJ) 28702 (ITAT-PUNE) · Section 23(5)
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An income may be appropriately charged to tax on the regularisation of the operations of the bank coupled with the possibility of receipt of income in foreseeable future.
TS-396-ITAT-2021PUN-Nutan_Warehousing_Co
(2022) TaxCorp(LJ) 28626 (ITAT-PUNE)
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Income from capital gain on a transaction which never materialized was, at best, hypothetical income.
Amit Murlidhar Kamthe Vs ITO
(2022) TaxCorp(LJ) 28625 (ITAT-PUNE)
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Although the apparent must be considered as real, but, if there are reasons to believe that the apparent is not real, as is the case under consideration as well, then the apparent should be ignored to unearth the harsh reality.
M/S. KASTURI RASHI DEVELOPERS VERSUS ITO, WARD-5 (3) , PUNE
(2022) TaxCorp(LJ) 28558 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=95991&Category=ITAT&CategoryType=Zip
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Ld. CIT(A) was not justified in upholding the addition.
THE JANALAXMI CO-OP. BANK LTD. VERSUS ACIT, CIRCLE – 1, NASHIK
(2022) TaxCorp(LJ) 28549 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=95974&Category=ITAT&CategoryType=Zip
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Assessee is entitled to exemption. The impugned order is, therefore, set-aside.
OSWAL BANDHU SAMAJ VERSUS ITO (EXEMPTIONS) -1, PUNE
(2022) TaxCorp(LJ) 28548 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=95976&Category=ITAT&CategoryType=Zip
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Income under capital gains is taxable in the year of transfer and further that transfer takes place only when it becomes operational, that is, on executing the sale deed.
Beena Shammi Chaudhari Vs ITO
(2022) TaxCorp(LJ) 28401 (ITAT-PUNE)
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If the amount of employees' contribution towards EPF, ESI, etc is delayed by an employer beyond the due date under the respective Acts, the disallowance will be called for notwithstanding the fact that it was deposited before the due date u/s. 139 of the Act.
POWERLINK ENGINEERS LLP VERSUS ACIT, CIRCLE-2 NASHIK
(2022) TaxCorp(LJ) 28397 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=95648&Category=ITAT&CategoryType=Zip
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A piece of legislation which imposes a new obligation or attaches a new disability is considered prospective unless the legislative intent is clearly to give it a retrospective effect.
GRI RENEWABLE INDUSTRIES S.L., (FORMERLY KNOWN AS GONVARRI EOLICA S.L., VERSUS ACIT (IT) , CIRCLE-1, PUNE
(2022) TaxCorp(LJ) 28395 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=95655&Category=ITAT&CategoryType=Zip
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The appellant has paid interest as interest for delay in payment of TDS. This is not an allowable expenditure. Therefore, disallowance by the CIT(A) is upheld.
SANKET FOOD PRODUCTS PRIVATE LIMITED VERSUS ITO, WARD 1 (3) , JALNA
(2022) TaxCorp(LJ) 28381 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=95594&Category=ITAT&CategoryType=Zip
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It is trite law that a CBDT Circular is binding on the AO and not on the assessees or the ITAT or other appellate authorities and the Circular transgressing the boundaries of section 90(1) cannot bind the ITAT.
GRI Renewable Industries S.L Vs ACIT (IT)
(2020) TaxCorp(LJ) 28377 (ITAT-PUNE) · Section 90(1)
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Failure of the assessee to deduct tax at source from payment made to the Netherlands entity clearly magnetizes section 40(a)(i) of the Act.
VANDERLANDE INDUSTRIES PRIVATE LIMITED VERSUS ACIT, CIRCLE-13, PUNE
(2022) TaxCorp(LJ) 28370 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=95581&Category=ITAT&CategoryType=Zip
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We are fully satisfied that the assessee discharged the onus upon him to prove the source of deposit in the joint bank account.
RAJENDRA SATGOUDA PATIL VERSUS ITO, 2 (3) SANGLI
(2022) TaxCorp(LJ) 28349 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=95546&Category=ITAT&CategoryType=Zip
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