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ITAT Pune

Date of possession is considerable as actual purchase date for claiming exemption u/s 54

February 25, 2023 11019 Views 0 comment Print

ITAT Pune held that as on the date of agreement, the building was not constructed, the date of possession will be considered as actual date of purchase for the purpose of claiming exemption under section 54 of the Income Tax Act.

Deduction u/s 43B is allowable in case of interest paid on customs duty

February 21, 2023 5052 Views 0 comment Print

ITAT Pune held that interest paid on customs duty is allowable as deduction under section 43B of the Income Tax Act 1961.

Non-discussion of issue in assessment order doesn’t make it erroneous & prejudicial to interest of revenue

February 18, 2023 1653 Views 0 comment Print

Ajay Engineering and Agricultural Equipment Company Vs PCIT (ITAT Pune) ITAT Pune held that AO did not specifically discuss the five issues in the assessment order, however, assessment order does not satisfy the second condition of being prejudicial to the interest of the Revenue. Simply non-discussion of an issue in assessment order does not render […]

Repair and renovation of asset is allowable as revenue expenditure

February 18, 2023 9588 Views 0 comment Print

ITAT Pune held that expenditure incurred on repairs and renovation of the asset is revenue expenditure as no new asset has been created.

Non-compliance with communication u/s 143(1)(A) on account of technical glitches in IT portal justified

February 17, 2023 1026 Views 0 comment Print

ITAT Pune held that non-compliance with communication under Section 143(1)(A) of Income Tax Act 1961 due to IT-Website technical glitches was unintentional and beyond the control of appellant. Accordingly, exemption in the evince of Form No 10B duly available.

CPC cannot go beyond return of income while processing return of income u/s 143(1)

February 17, 2023 1200 Views 0 comment Print

Lions Nab Community Eyecare Centre Vs DCIT (ITAT Pune) Appellant filed the return of income in Form No.5. However, no documents were filed along with the return of income justifying the claim for exemption u/s 11 of the Act. It is only after receipt of intimation, the appellant took a plea that its income was […]

Mere unsustainable claim not amounts to furnishing inaccurate particulars of Income

February 17, 2023 1248 Views 0 comment Print

Galaxy Construction and Contractors Pvt. Ltd. Vs DCIT (ITAT Pune) The issue in the present appeal relates to levy of penalty under the provisions of section 271(1)(c) of the Act. The penalty was levied by the Assessing Officer in respect of addition made under the provisions of section 36(1)(iii) of the Act. It is an […]

Initiation of revisionary proceeding u/s 263 on fishing and roving enquiry is unjustified

February 16, 2023 1533 Views 0 comment Print

ITAT Pune held that initiation of revisionary proceeding under section 263 of the Income Tax Act on a fishing and roving enquiry in the matter without bringing on record any material or evidence is liable to be quashed.

Statutory provisions of interest on refund cannot be altered via issue of CBDT circular

February 16, 2023 1245 Views 0 comment Print

ITAT Pune held that the statutory provisions of interest on refund (section 244A of the Act) cannot be altered by issue of circular by CBDT to the extent they are beneficial to the taxpayer.

Section 244A interest eligible on refund of self-assessment tax

February 16, 2023 6360 Views 0 comment Print

If refund arises because of self-assessment tax, which falls in realm of expression `any other case’, the same gets covered within purview section 244A(1)(b), thereby entitling assessee to interest thereon.

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