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ITAT Pune

Capital Gains Addition Set Aside for Denial of Fair Opportunity

December 16, 2025 450 Views 0 comment Print

The Tribunal held that an ex-parte capital gains addition could not be sustained where the assessee was denied a meaningful opportunity. Considering comparable treatment in a related case, the matter was remanded for fresh adjudication on merits.

Delay in u/s 80G Renewal Excused Where Prior Approval Was Granted Late

December 16, 2025 528 Views 0 comment Print

The ITAT held that a trust cannot be faulted for missing a statutory deadline when compliance was factually impossible. The rejection of 80G renewal was set aside and remanded for fresh consideration on merits.

Appeal Dismissed Because Mere Assertion Cannot Prove Agricultural Income

December 16, 2025 354 Views 0 comment Print

ITAT Pune held that a claim of agricultural income cannot be accepted without supporting records. Complete non-compliance at all stages justified treating the receipts as unexplained income.

Omission of claiming advance tax does not bar Section 244A interest: ITAT Pune

December 16, 2025 2895 Views 0 comment Print

The Tribunal ruled that inadvertent omission of claiming advance tax does not bar interest under Section 244A. Authorities cannot withdraw interest through Section 154 rectification for such mistakes.

TCS Credit Cannot Be Denied for Default of Collector: ITAT Pune

December 15, 2025 888 Views 0 comment Print

The Tribunal held that TCS credit cannot be denied when tax was collected from the assessee, even if the collector failed to deposit it.

Order Set Aside as CIT(A) Relied on Additional Evidence Without Remand Report

December 13, 2025 1287 Views 0 comment Print

Revenue challenged deletions of additions in a scrutiny assessment, highlighting procedural lapses under Rule 46A. Tribunal remitted the matter for fresh adjudication considering additional evidence filed by the assessee.

Rule 37BA Cannot Override Section 5A While Granting TDS Credit to Goa Residents

December 13, 2025 669 Views 0 comment Print

ITAT Pune ruled that Section 5A overrides Rule 37BA, granting full TDS credit of ₹45.28 lakh to a Goa resident whose wife did not claim her share, rejecting CPC’s proportionate restriction

12AB and 80G Rejection Quashed for Violating CBDT SOP Mandating 15 Days’ Response Time

December 13, 2025 414 Views 0 comment Print

The Tribunal condoned a 152-day delay in filing appeals, emphasizing that the delay was unintentional and did not benefit the appellant. This reinforces the justice-oriented approach in tax appeal filings.

filing of Audit report in form 10B is directory is nature & not mandatory- Delay condoned

December 13, 2025 615 Views 0 comment Print

ITAT held that exemption under section 11 cannot be denied where the audit report in Form 10B was filed before CPC processed the return, even if the return itself was belated.

Section 80G & 12A Registration Denials Set Aside Due to Procedural Opportunity

December 13, 2025 438 Views 0 comment Print

The ITAT Pune remanded a charitable trust’s 12A and 80G applications for fresh consideration after noting procedural lapses and granting the trust another opportunity to respond to notices.

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