A detailed analysis of the ITAT Pune judgement on Dinesh Patel vs ITO involving client code modification and tax assessment.
The ITAT Pune declares the assessment order invalid in the case of Prabhakar Amruta Shillak Vs ITO for AY 2012-13. The order violated CBDT circular and was treated as never issued.
ITAT Pune held that interest income earned by the cooperative society from the investment with cooperative banks qualifies for deduction under section 80P(2)(d) of the Income Tax Act.
ITAT has held in the case of Meera Anirudha Mirgunde Vs ITO that when there is no variation in the returned and assessable income, penalty under section 271(1)(c) of the Income Tax Act is not leviable.
ITAT Pune held that exemption under section 54B of the Income Tax Act based on new agricultural land bought in the name of the son and daughter-in-law and not in the name of the assessee is not allowable.
ITAT Pune held that that the amount surrendered under unrecorded stock has to be brought to tax under the head “business income” and no provision u/s. 115BBE of the Income Tax Act is attracted.
ITAT Pune has set aside an NFAC order in the Kongnoli Sarva Seva Society Ltd vs ITO case. The ruling established that incorrect claims of deductions or expenses in ITR does not equate to the concealment of income
The ITAT Pune overturned a revisionary order of Pr. Commissioner of Income Tax-1, asserting that no revision is necessary under section 263 of the Income Tax Act if the Assessing Officer (AO) conducts appropriate verification during the assessment.
ITAT Pune held that denial of granting of exemption under section 80G of the Income Tax Act because of spent more than 5% for religious purpose from its total income i.e. violating provisions of section 80G(5B) of the Income Tax Act is justified.
ITAT Pune held that imposition of penalty under section 270A(9) of the Income Tax Act without specifying the limb within which the penalty is imposed is unsustainable. Failure of AO to quote any of the six sub-limbs as prescribed u/s 270A(9) makes imposition of penalty unsustainable
