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When all the documents and explanations from the Assessee have been scrutinized and examined by the AO, the assessment cannot be said to be erroneous and prejudicial to the interests of the Revenue.
Shergil Harjit Vs Pr. CIT-1
(2022) TaxCorp(LJ) 28267 (ITAT-PUNE)
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The amendment of Finance Act, 2014 is prospective and applicable w.e.f. April 1, 2015.
Prima Private Limited Vs The Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 28246 (ITAT-PUNE) · Section 54EC
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When all the explanations and documents from the assessee have been scrutinized and examined by the Assessing Officer in such scenario the order of the assessment cannot be held to be erroneous and prejudicial to the interest of the revenue.
SHERGIL HARJIT VERSUS PR. CIT-1, PUNE
(2022) TaxCorp(LJ) 28216 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=95160&Category=ITAT&CategoryType=Zip
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We uphold the order of the ld. CIT(A), as we do not find merit in the appeal filed by the assessee.
M/S. ARUN SHINDE VERSUS ITO, WARD-3 (3) , PUNE
(2022) TaxCorp(LJ) 28148 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=94956&Category=ITAT&CategoryType=Zip
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Disallowance cannot be made solely on the ground that the vouchers are self-made and thus are bogus in nature.
Mercedez-Benz India Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 28121 (ITAT-PUNE) · Section 35AB
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When we peruse the reasons recorded for reopening of assessment in the present case of the assessee as recorded by the Assessing Officer, we find that there is no scope for any hypothetical or any contingency in the given reasoning.
SHRI RAVI PICHAYA, DIRECTOR IN HEXTECH ENGINEERS INDIA PVT. LTD. VERSUS THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, NASHIK
(2021) TaxCorp(LJ) 28053 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=94790&Category=ITAT&CategoryType=Zip
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ITAT - Payment to AE in Belgium for using the IT Infrastructure facility falls within the ambit of royalty u/s 9(1)(vi) as also under Article 12 of India- Belgium DTAA - Disallowance u/s 40(a)(i) for TDS default justified.
Bekaert Industries Private Limited Vs DCIT
(2021) TaxCorp(LJ) 27998 (ITAT-PUNE)
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Mere admission u/s 132(4) cannot form the basis of addition.
ISMT Limited Vs ACIT
(2021) TaxCorp(LJ) 27911 (ITAT-PUNE) · Section 132(4)
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ITAT - The AO recommending a revision u/s 263 to the CIT has no statutory sanction and is a course of action unknown to the law
Alfa Laval Lund AB Vs CIT(IT/TP)
(2021) TaxCorp(LJ) 27617 (ITAT-PUNE)
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ITAT - No appeal against draft assessment order also consequences flowing from the wrong mentioning of the section in the draft order cannot legally validate the appeal filed against the draft order.
Sandvik Mining and Construction Tools AB Vs ACIT
(2021) TaxCorp(LJ) 27418 (ITAT-PUNE)
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ITAT - In absence of PE in India, software license-fee not taxable as business profits and also not taxable as Royalty.
Husco International Inc. Vs ACIT (IT)
(2021) TaxCorp(LJ) 27364 (ITAT-PUNE)
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ITAT - The waiver of loan in the earlier year has no impact either on the actual cost u/s 43(1) or the w.d.v. u/s 43(6) for the year under consideration. Depreciation has to be allowed on the w.d.v. of the block of Machinery at the gross value without reducing the waiver of loan therefrom.
Shapers India Private Limited Vs DCIT
(2021) TaxCorp(LJ) 27329 (ITAT-PUNE)
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ITAT - The term activities u/s 12A in the provision includes proposed activities.
Arare Foundation Vs The Commissioner of Income Tax (Exemption)
(2021) TaxCorp(LJ) 27103 (ITAT-PUNE) · Section 12AA
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ITAT - Quasi-Judicial Authorities are required to substantiate every addition made with proper reasoning and that reason should come out from the orders of the authorities itself as such ad hoc disallowance of commission to technically skilled liaison representatives is not justified.
Cooper Corporation Pvt. Ltd. Vs The Assistant Commissioner of Income Tax
(2021) TaxCorp(LJ) 27100 (ITAT-PUNE)
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There is no scope for any guess work or surmises or any hypothetical situation for imposing penalty u/s.271(1)(c).
THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD VERSUS M/S. BG LI IN ELECTRICALS LTD., M/S. BMR HVAC LTD.
(2021) TaxCorp(LJ) 26959 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=90983&Category=ITAT&CategoryType=Zip
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AO is not empowered to substitute the agreed consideration by Fair Market Value except in situations envisaged u/s 50C of the Act.
AMIT VISHNU PASHANKAR, VISHNU PUNDALIK PASHANKAR, MAHESH VISHNU PASHANKAR VERSUS THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE – 2, SANGLI., THE DY. COMMISSIONER OF INCOME TAX, CIRCLE – 3, PUNE.
(2021) TaxCorp(LJ) 26877 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=90622&Category=ITAT&CategoryType=Zip
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Though the CBDT Circular No. 1/2005 was in the context of section 10B, the ratio of the circular equally applies to Section 10A.
THE INCOME TAX OFFICER, WARD 2 (1) VERSUS ZENTEST LABS
(2021) TaxCorp(LJ) 26870 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=90575&Category=ITAT&CategoryType=Zip
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Receipt of a fixed amount, which may be more or less than the actual outgo, cannot be designated as reimbursement.
BYK Asia Pacific Pte. Limited Vs ACIT (IT)
(2021) TaxCorp(LJ) 26440 (ITAT-PUNE) · Section 195
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Expenses incurred by the assessee in foreign exchange should be reduced from both the export turnover as well as total turnover while computing deduction u/ss.10A/10AA.
Barclays Shared Services Private Limited Vs ACIT
(2021) TaxCorp(LJ) 26326 (ITAT-PUNE) · Sections 10A, 10AA
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Deduction cannot be denied to the assessee in view of the Explanation 1 inserted to section 35(1)(ii) by Finance Act, 2006 with retrospective effect from April 01, 2006.
MRC Transolutions Pvt. Ltd Vs ACIT
(2021) TaxCorp(LJ) 26175 (ITAT-PUNE)
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