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ITAT Pune

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

June 21, 2022 1146 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 903 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 645 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

LTCG on conversion of investment to stock-in-trade taxable in the year of Sale

June 20, 2022 1032 Views 0 comment Print

That where the investments are converted into stock-in-trade, the difference between the market value of the investments as on date of conversion and the cost of investments is assessable under the head long term capital gains and taxable in the year in which such securities were sold as a part of the stock-in-trade.

Land Development Expense Not Deductible in absence of Evidence

June 20, 2022 981 Views 0 comment Print

Rohan Pereria Vs ITO (ITAT Pune) The issue in the present appeal raised through various grounds of appeal relates to the allowance of expenditure claimed as development expenditure on sale of land situated at Baner, Pune while computing the capital gains on the sale of said land. On careful perusal of the order of the […]

Section 269SS & 269T not applicable to Cash Payment/receipt for purchase of land

June 20, 2022 4266 Views 0 comment Print

Rajesh Vitthal Badade Vs JCIT (ITAT Pune) It is found as an admitted position that the AO recorded statement of Mr. Sampat G. Mandhare and Mrs. Dropadabai Fakirrao Harpale, who had given sum of Rs. 5.00 lakh and Rs.7.00 lakh respectively to the assessee as advance for purchase of the land. Here it is relevant […]

No penalty for not offering Salary Income for Taxation due to oversight

June 20, 2022 465 Views 0 comment Print

We note that the assessee did not suppress the fact that no income incurred as such, but however it is reflected in Form 26AS data which is otherwise a salary data and TDS deductions are available for examination to the AO.

No addition merely based on statement if no documentary evidence corroborating the statement

June 17, 2022 1668 Views 0 comment Print

Kundan Builders Vs ACIT (ITAT Pune) The assessee contended that the addition made by the AO basing on statement recorded u/s. 131 of the Act without there being any documentary evidence to such statement. The CIT(A) sought remand report from the AO which is reproduced at Page No. 11 and 12 of the impugned order. […]

No penalty on income suo motu offered by assessee in his return of income

June 16, 2022 2841 Views 0 comment Print

ACIT Vs Swapnadeep Krushi Paryatan Kendra (ITAT Pune) The AO has imposed penalty only with reference to the amount of Rs.1.50 crore which was suo motu declared by the assessee in the return. In that view of the matter, the ratio laid down in MAK data Pvt. Ltd. (supra) has no application to the facts […]

Existing product up-gradation expense allowable as revenue expense

June 16, 2022 411 Views 0 comment Print

Expenditure incurred on existing business incurred in connection with existing business, Updating existing products allowed as revenue expenditure.

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