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ITAT Pune

Cash Deposited during Demonitization allowed by Pune ITAT

March 30, 2023 1506 Views 0 comment Print

It is seen that the assessee is maintaining regular books of accounts. The first item is of Rs. 20,50,000/- claimed to have been received from farmers out of advances made in the preceding year.

ITAT deletes addition for duly explained Cash Deposits during demonetisation

March 29, 2023 1791 Views 0 comment Print

AO observed that the assessee deposited cash of Rs.17.00 lakh in his bank account on different dates during the demonetization period.

Rent of Flat not Used for Business Purpose is not allowable

March 29, 2023 417 Views 0 comment Print

it has been clearly brought out that this flat was never used for any business purposes of the assessee-company and whatever evidences have been produced in the form of leave and licence agreement, minutes of Board meeting, etc. fall in the category of self-serving documents.

Claim of enhanced amount of carry forward loss in revised return filed within time permitted u/s 139(5) allowable

March 25, 2023 5094 Views 0 comment Print

ITAT Pune held that once a revised return is filed within the time permitted u/s.139(5), it substitutes the original return in all respects. Accordingly, claim of enhanced amount of carry forward of loss vide revised return is allowable.

Order not containing DIN shall be treated as invalid

March 20, 2023 1446 Views 0 comment Print

ITAT Pune held that default in allotting ‘DIN and Order’ results into quashing of the impugned assessment as according to CBDT circular no. 19/2019 dated 14.08.2019 such an order ought to be treated as to have never been issued herein.

Deduction u/s 80IA(7) of Income Tax Act allowable as return duly filed within extended time limit

March 18, 2023 465 Views 0 comment Print

ITAT Pune held that order u/s 119 dated 27.09.2019 extending due date to 31.10.2019 in respect of cases covered under Explanation 2(a) to section 139(1) applies to HUF too. Accordingly, as return by HUF filed within extended time limit, deduction u/s 80IA(7) of Income Tax Act allowable.

Appellate authority is empowered to entertain any new claim not made before AO

March 18, 2023 1923 Views 1 comment Print

Aggreko Energy Rental India Pvt. Ltd. Vs DCIT (ITAT Pune) ITAT Pune held that appellate authority has power to entertain any new claim for the first time though not made before the Assessing Officer as the intention of the revenue would be to tax real income. Accordingly, revised claim of depreciation on goodwill made otherwise […]

Deemed rent not applicable on unsold flats treated as stock-in-trade by builder

March 16, 2023 3540 Views 0 comment Print

Appellant builder treated Property as stock-in-trade & profits on its sale would be offered as business income and no rental income was received by Appellant from Property.

Fresh adjudication needed as claim of deduction u/s 80P dismissed without considering merits of case

March 15, 2023 1182 Views 0 comment Print

ITAT Pune held that as NFAC dismissed the claim of deduction u/s 80P on legal issue without considering the case on merits, matter remanded back for fresh adjudication.

Delay in Tax Audit Report Submission is Technical Breach: ITAT deletes section 271B Penalty

March 14, 2023 3315 Views 0 comment Print

The issue in the present appeal relates to the exigibility of penalty u/s 271B for failure of the assessee to get accounts audited in respect of the previous year relevant to the assessment year under consideration as required u/s 44AB and furnished to the Assessing Officer before specified due date i.e. due date for filing the return of income.

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