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ITAT Pune

Cash Deposits during Demonetization – ITAT upheld PCIT instruction to follow CBDT SOP

March 14, 2023 1206 Views 0 comment Print

Chandrakant Tatoba Patil Vs PCIT (ITAT Pune) ITAT noted that on an examination of the assessment record, the PCIT found abnormal increase in cash deposits during demonetization period as compared to pre-demonetization period. According to the PCIT, during the period from 09-11-2016 to 31-12-2016, the assessee deposited cash amounting to Rs.1,43,81,225/- which is inclusive of […]

Character of charitable purpose gets lost when receipts from business activity is more than 20%

March 14, 2023 1431 Views 0 comment Print

ITAT Pune held that as receipts from business activity is more than 20% of the total receipts, character of charitable purpose as given in section 2(15) will be lost and accordingly, exemption under section 11 of the Income Tax Act not available.

Advance receipt cannot be taxed without accrual of income

March 14, 2023 1227 Views 0 comment Print

Kritija Construction Vs ITO (ITAT Pune) The issue in the present appeal relates to the taxability of difference of amounts shown in the Form No. 26AS and reflected in the Profit & Loss Account. It is an admitted fact that in the present case the appellant firm had received advance of Rs.38,88,745/- from one Siddhashila […]

Corpus specific voluntary donations not taxable in case of unregistered trust

March 11, 2023 2250 Views 0 comment Print

When donations forming corpus of assessee’s trust received with specific purpose are capital in nature. ITAT held that corpus specific voluntary donations are not taxable in case of unregistered trust

Interest u/s 28 of Land Acquisition Act from date of possession of land till date of judgement is not taxable

March 10, 2023 4422 Views 0 comment Print

ITAT Pune held that interest granted by the reference Court u/s. 28 of the Land Acquisition Act from the date of possession of land till the date of judgment of High Court is an accretion of the value of the land acquired and accordingly not taxable.

Section 54B of Income Tax Act being an exemption provision needs to be interpreted strictly

March 10, 2023 1440 Views 0 comment Print

ITAT Pune held that provisions of section 54B of the Income Tax Act being an exemption provision needs to be interpreted strictly. Accordingly, as land revenue record clinches that agricultural activity is not carried out on the impugned land, deduction u/s 54B not available.

Exemption u/s 11 duly denied for non-submission/ late submission of Form No. 10B

March 10, 2023 1182 Views 0 comment Print

ITAT Pune held that claim for exemption of income under section 11 of the Income Tax Act deniable as Form No. 10B was not submitted along with the return of income nor it was submitted before processing of return of income.

TDS credit available as per reporting of income & not as per reporting by deductor

March 10, 2023 1458 Views 1 comment Print

ITAT Pune held that credit for TDS is available in the year in which income is reported, credit of TDS cannot be deferred on the basis of reporting by the deductor.

Payment of lease rent for acquiring mining rights is capital expenditure

March 6, 2023 2136 Views 0 comment Print

ITAT Pune held that lease rent paid for acquiring mining rights is capital in nature and hence deduction against the same is not allowable.

No addition of Notional annual rental value on unsold flats held as stock-in-trade

March 5, 2023 1494 Views 0 comment Print

Cosmopolis Constructions Vs ACIT (ITAT Pune) ITAT held that no addition is maintainable on account of deemed rent on unsold flats which were treated as stock-in-trade by the assessee. FULL TEXT OF THE ORDER OF ITAT PUNE This appeal by the assessee against the order dated 04-02-2022 passed by the Commissioner of Income Tax (Appeals)-11, […]

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