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ITAT Pune

ITAT: Assessment Order without DIN, Breaching CBDT Circular, is Invalid

July 28, 2023 2331 Views 0 comment Print

The ITAT Pune declares the assessment order invalid in the case of Prabhakar Amruta Shillak Vs ITO for AY 2012-13. The order violated CBDT circular and was treated as never issued.

Cooperative Society’s Interest Earnings from cooperative banks: Deduction u/s 80P(2)(d) Available

July 22, 2023 1401 Views 0 comment Print

ITAT Pune held that interest income earned by the cooperative society from the investment with cooperative banks qualifies for deduction under section 80P(2)(d) of the Income Tax Act.

No Section 271(1)(c) Penalty if no Variation in Returned & Assessable Income

July 22, 2023 10161 Views 0 comment Print

ITAT has held in the case of Meera Anirudha Mirgunde Vs ITO that when there is no variation in the returned and assessable income, penalty under section 271(1)(c) of the Income Tax Act is not leviable.

No Section 54B Exemption for Agricultural Land Bought in Son/Daughter-in-law’s Name

July 21, 2023 2172 Views 0 comment Print

ITAT Pune held that exemption under section 54B of the Income Tax Act based on new agricultural land bought in the name of the son and daughter-in-law and not in the name of the assessee is not allowable.

Amount surrendered under unrecorded stock taxable as business income

July 21, 2023 1512 Views 0 comment Print

ITAT Pune held that that the amount surrendered under unrecorded stock has to be brought to tax under the head “business income” and no provision u/s. 115BBE of the Income Tax Act is attracted.

Mere incorrect claims in ITR not amounts to concealment of income

July 20, 2023 1311 Views 0 comment Print

ITAT Pune has set aside an NFAC order in the Kongnoli Sarva Seva Society Ltd vs ITO case. The ruling established that incorrect claims of deductions or expenses in ITR does not equate to the concealment of income

Adequate Assessment Inquiry by AO Bars Section 263 Revisionary Powers

July 20, 2023 1134 Views 0 comment Print

The ITAT Pune overturned a revisionary order of Pr. Commissioner of Income Tax-1, asserting that no revision is necessary under section 263 of the Income Tax Act if the Assessing Officer (AO) conducts appropriate verification during the assessment.

Denial of granting of exemption u/s 80G due to violation of section 80G(5B) is justified

July 19, 2023 2235 Views 0 comment Print

ITAT Pune held that denial of granting of exemption under section 80G of the Income Tax Act because of spent more than 5% for religious purpose from its total income i.e. violating provisions of section 80G(5B) of the Income Tax Act is justified.

Penalty u/s 270A(9) imposed without specifying the limb is unsustainable

July 19, 2023 13761 Views 0 comment Print

ITAT Pune held that imposition of penalty under section 270A(9) of the Income Tax Act without specifying the limb within which the penalty is imposed is unsustainable. Failure of AO to quote any of the six sub-limbs as prescribed u/s 270A(9) makes imposition of penalty unsustainable

Rejection of books of accounts merely because of lower gross profit rate is unsustainable

July 18, 2023 2919 Views 0 comment Print

Explore the ITAT Pune ruling on ACIT vs. Omshree Agrotech. Learn why rejection of books under section 145(3) based on gross profit rates is deemed unjustified.

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