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ITAT Pune

Corpus specific voluntary donations not taxable in case of unregistered trust

March 11, 2023 2487 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 4800 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 1524 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 1254 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 1554 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 2595 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 1551 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, […]

TDS credit cannot be denied for non-furnishing of declaration u/r 37BA(2) while clubbing of income

February 28, 2023 7869 Views 0 comment Print

ITAT Pune held that mere non-furnishing of declaration to the bank in terms of proviso to rule 37BA(2) of the Income Tax Rules, the amount of tax deducted at source on interest on bank deposit cannot be disallowed while clubbing of the income.

Exemption u/s 11 doubtful as condition of advancement of any other object of general public utility not satisfied

February 27, 2023 708 Views 0 comment Print

ITAT Pune held that as assessee does not satisfy the condition of advancement of any other object of general public utility, its eligibility for benefit of exemption under section 11 of the Income Tax Act is doubtful.

Amount paid by employee due to breach of non-compete agreement cannot be taxed as salary

February 26, 2023 2133 Views 0 comment Print

ITAT Pune held that amount refunded back to the employer on account of breach of non-compete agreement by the employee cannot be construed as salary for the purpose of charging income tax.

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