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ITAT Pune

Deemed rent not applicable on unsold flats treated as stock-in-trade by builder

March 16, 2023 4968 Views 0 comment Print

Appellant builder treated Property as stock-in-trade & profits on its sale would be offered as business income and no rental income was received by Appellant from Property.

Fresh adjudication needed as claim of deduction u/s 80P dismissed without considering merits of case

March 15, 2023 1494 Views 0 comment Print

ITAT Pune held that as NFAC dismissed the claim of deduction u/s 80P on legal issue without considering the case on merits, matter remanded back for fresh adjudication.

Delay in Tax Audit Report Submission is Technical Breach: ITAT deletes section 271B Penalty

March 14, 2023 3564 Views 0 comment Print

The issue in the present appeal relates to the exigibility of penalty u/s 271B for failure of the assessee to get accounts audited in respect of the previous year relevant to the assessment year under consideration as required u/s 44AB and furnished to the Assessing Officer before specified due date i.e. due date for filing the return of income.

Cash Deposits during Demonetization – ITAT upheld PCIT instruction to follow CBDT SOP

March 14, 2023 1419 Views 0 comment Print

Chandrakant Tatoba Patil Vs PCIT (ITAT Pune) ITAT noted that on an examination of the assessment record, the PCIT found abnormal increase in cash deposits during demonetization period as compared to pre-demonetization period. According to the PCIT, during the period from 09-11-2016 to 31-12-2016, the assessee deposited cash amounting to Rs.1,43,81,225/- which is inclusive of […]

Character of charitable purpose gets lost when receipts from business activity is more than 20%

March 14, 2023 2031 Views 0 comment Print

ITAT Pune held that as receipts from business activity is more than 20% of the total receipts, character of charitable purpose as given in section 2(15) will be lost and accordingly, exemption under section 11 of the Income Tax Act not available.

Advance receipt cannot be taxed without accrual of income

March 14, 2023 1902 Views 0 comment Print

Kritija Construction Vs ITO (ITAT Pune) The issue in the present appeal relates to the taxability of difference of amounts shown in the Form No. 26AS and reflected in the Profit & Loss Account. It is an admitted fact that in the present case the appellant firm had received advance of Rs.38,88,745/- from one Siddhashila […]

Corpus specific voluntary donations not taxable in case of unregistered trust

March 11, 2023 2907 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 5316 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 1677 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 1488 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.

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