The ITAT Pune set aside the rejection of ZLS Foundation’s S.12AB charitable registration application, ruling that the CIT(E) must provide a final opportunity to address specific defects (like lack of beneficiary details and community focus), upholding natural justice.
In a case involving a slum rehabilitation developer who did not file a return or maintain books, ITAT Pune applied a 12% estimated net profit rate on total gross receipts of Rs.1,93,64,405 to compute taxable income. This decision provides a precedent for estimating income in the construction sector where audited accounts are unavailable, allowing for usual business deductions.
The ITAT Pune condoned a 631-day delay citing financial seizure under the Mst. Katiji principle, restoring the appeal concerning Rs. 29 Lakh interest disallowance and ad-hoc cash addition back to the CIT(A) for a fresh de novo hearing.
The ITAT Pune Bench set aside an ex-parte capital gains order, granting a non-filer taxpayer a final chance to present evidence for ₹2.03 Cr in land improvement costs to the CIT(A).
The ITAT Pune substantially reduced a penalty under Rs. 271(1)(b), ruling that issuing successive notices for the same set of information constitutes only a single, continuing default, not multiple independent offenses. The Tribunal restricted the penalty to Rs. 10,000 for the initial non-compliance, deleting the balance Rs. 30,000.
The Tribunal held that since over 70% of the consideration was paid in 2012 against an allotment letter, the transfer was deemed complete in the earlier year under the Income Tax Act, despite the 2016 registration date. This precedent ensures that the stamp duty value difference provision cannot be applied retrospectively to transactions substantially completed before the law changed.
ITAT Pune held that sum has been received for work relating to interior and other finishing work and total consideration is received through banking channel. Hence, there is no violation of section 269SS of the Income Tax Act. Hence, penalty u/s. 271D not leviable. Accordingly, appeal of revenue dismissed.
Tribunal held that write-off of ₹9.56 crore foreign investment in USA subsidiary was incurred for commercial expediency and business expansion, qualifying as business loss under the Income Tax Act.
The ITAT Pune set aside the CIT(A)’s order that had restricted a bogus purchase addition of ₹2.53 crore to a 12.5% profit element. The matter was remanded to the AO for fresh adjudication to ensure the application of the binding ruling from the jurisdictional Bombay High Court regarding 100% disallowance in hawala purchase cases.
Relying on binding Supreme Court and High Court precedents, the Tribunal set aside the revisionary order as legally invalid because the PCIT failed to bring the legal heir on record before passing the order. The ruling firmly establishes that an income tax order passed against a dead person is a nullity and cannot be enforced.
