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ITAT Pune

Section 12AA registration cannot be denied for mere non-spend of income for charitable activities

October 13, 2020 864 Views 0 comment Print

Dr. NT Ghatte Charitable Trust Vs. CIT (ITAT Pune) Merely because the trust has not spent any amount of its income for charitable activities and the fact that the trust has not spent any amount of income for charitable purpose does not amount to carrying on the activities contrary to its objects. The submission of […]

Once quantum addition deleted, penalty u/s. 271(1)(c) has no legs to stand

October 8, 2020 4503 Views 0 comment Print

ACIT Vs Thermax Limited (ITAT Pune) Revenue has not doubted the genuinity of the return filed by the assessee and has not said that the particular of expenses claimed in the return were not correct. The expenses were claimed and quantum additions have been upheld by the Tribunal. However, in the separate proceedings of penalty […]

Issue examined under original assessment proceeding cannot be reexamined

October 1, 2020 732 Views 0 comment Print

DCIT Vs Manav Realty (ITAT Pune) It is evident from the reasons recorded by the AO that the initiation of reassessment proceedings was premised on the fact that the commencement took place at a date in variance with the one stated by the assessee in the original assessment proceedings. The ld. CIT(A) has aptly recorded […]

Assessee can claim proportionate deduction under Section 80IB(10) relating to eligible units

September 28, 2020 861 Views 0 comment Print

DCIT Vs Shree Venkatesh Associates (ITAT Pune) The issue of pro-rata deduction u/s. 80IB(10) for eligible units has been considered by the jurisdictional ITAT, Pune in case of Ramsukh Properties (supra) and M/s D.S. Kulkarni Developers Ltd (supra) and IT AT, Nagpur in case of AIR Developers(supra) and allowed such pro-rata deduction. The ITAT, Mumbai […]

ITAT allows section 80-IB deduction on Pro-rata basis

September 26, 2020 1473 Views 0 comment Print

Vishal Constructions Vs. ITO (ITAT Pune) We note that in the present appeal the assessee claimed deduction Rs.18,80,000/- u/s. 80IB(10) of the Act. The AO held that the assessee has violated the provisions of section 80IB(10) of the Act as built up area of shops and commercial establishments exceeded 5000 sq. ft. For such violation […]

Purchased 4 Adjacent Residential Flats- Can Claim Exemption U/S 54F?

September 15, 2020 7308 Views 0 comment Print

Mrs. Kamal Murlidhar Mokashi Vs. ITO (ITAT Pune) Capital Gain-Purchased 4 Adjacent Residential Flats- Can Claim Exemption U/S 54F (With Provisions of Section 54F) In this article I will discuss some clarification (with the judgment of a recent case law) regarding the provisions of Section 54F i.e. Exemption from Capital Gain on purchase of Residential […]

Amount/Stock disclosed during survey is part of book profit for section 40(b)

August 26, 2020 1569 Views 0 comment Print

Jadhav Kangralkar Builders Vs ACIT (ITAT Pune) We find that there is no dispute regarding the business of assessee and earning Rs.200/- extra over and above regular income for selling 37,752 sq. ft. in Aayodhya Nagari project. From the day one i.e. from date of survey as discussed above, the assessee was contended the amount […]

No Section 271F Penalty if Reasonable Cause exists for Non Filing of ITR

August 10, 2020 51291 Views 0 comment Print

The issue under consideration is whether the Penalty u/s 271F will be levied for non filing of Income Tax Return even in case of reasonable cause?

No Penalty can be Levied on Cash Deposits if Assessee explained Source

August 1, 2020 2262 Views 0 comment Print

Deoyani Movies Pvt. Ltd. Vs ITO (ITAT Pune) No Penalty can be Levied on Cash Deposits if Assessee Explained its Source from Earlier Withdrawal and Recorded in Books of Accounts Simply because cash deposited in the bank is a little more than the cash sales, it cannot call for any addition, what to talk of […]

No Section 54B exemption if new land not purchased within a period of 3 years

July 12, 2020 945 Views 0 comment Print

Bhagwan Keshu Sakhare Vs ITO (ITAT Pune) The issue under consideration is whether CIT is correct in denial of exemption u/s 54B of the Act? In the present case, the case of assessee is selected for limited scrutiny under CASS for the reason of “Deduction claimed under the head capital gains”. After claiming deduction for […]

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