ITAT Pune set aside an addition of Rs.38.26 lakh, accepting new evidence (affidavits from the assessee and a clerk) that the agricultural income shown in the return was a clerical error. The Tribunal ruled that no person should be taxed on income that never existed and remanded the case to the AO for fresh verification and de novo assessment.
ITAT Pune deleted the penalty of Rs.2.74 lakh imposed under Section 270A(9) for misreporting income related to delayed PF/ESIC payments. The Tribunal ruled that since the assessee’s claim was based on prevailing High Court judgments and the issue was debatable until the Supreme Court ruling, the mere disallowance of expenditure, where all particulars were disclosed, does not attract a misreporting penalty.
ITAT Pune set aside the rejection of a final 80G approval application, ruling that a technical delay caused by withdrawing and refiling the application due to a typographical error should be condoned. The Tribunal held that rejecting the application on mere procedural lapse, despite the original filing being on time, defeats the purpose of the law.
ITO Vs Lalit Raghunathrao Shinde (ITAT Pune) Same Income, Two Hands? Not Allowed – ITAT Pune Quashes Double Taxation on 26AS Mismatch- Receipts Taxed in Company’s Books Can’t Be Reassessed in Individual’s Hands In a second round of litigation, ITAT Pune held that the same income cannot be taxed twice merely because of a mismatch in […]
The Mumbai ITAT deleted the interest disallowance, applying the principle of consistency because the Revenue had previously accepted the assessee’s classification of net interest income under Income from Other Sources in earlier scrutiny assessments. The court found no justification to deviate from this accepted treatment for the current year.
The ITAT Pune condoned a 100-day delay in filing the tax appeal, citing reasonable cause due to the taxpayer’s reliance on professional advice and relocation. Adopting a justice-oriented approach, the Tribunal allowed the appeal to be heard on its merits, reinforcing the principle that substantive justice prevails over procedural lapses.
ITAT Pune allowed the appeal, holding that the AO lacked jurisdiction because the necessary approval for the Section 148 notice, issued for A.Y. 2017-18 after three years, was obtained from the wrong authority. Following jurisdictional precedents, the Tribunal confirmed that the invalid approval under Section 151 vitiates the entire reassessment process.
The case was remanded for fresh adjudication because the lower authorities failed to consider the taxpayer’s claim that a significant Nazarana/fees paid to the Municipal Corporation should be included in the property’s cost. The ITAT directed the AO to verify all factual claims related to the cost of acquisition and the date of agreement for correct valuation under Section 56(2)(vii)(b).
This case addresses the mismatch between Form 26AS receipts and income shown in the P&L account, which led to an addition for suppressed receipts. ITAT Pune allowed the appeal, relying on the SC ruling in TRF Ltd. to confirm that the company’s action of reversing the unrecovered billing as irrecoverable was a legitimate write-off, thus making the addition unjustified.
The ITAT restored an NRI’s tax appeal, accepting the argument that non-compliance before the lower authorities was not deliberate, as the taxpayer was abroad and faced difficulties accessing records during the pandemic. The Tribunal ruled that the appeal should be decided on its merits, setting aside the ex-parte order and directing the AO to verify the factual claims regarding the assessment year and capital gains.
