Officer has not inquired into the applicability of the provisions of
section 43CA of the Act and addition of interest cost ... market value adopted for
stamp duty purposes, the provisions of section 43CA of the Act are squarely
applicable in the case of the assessee. Further
Officer has not inquired into the applicability of the provisions of
section 43CA of the Act and addition of interest cost ... market value adopted for
stamp duty purposes, the provisions of section 43CA of the Act are squarely
applicable in the case of the assessee. Further
therefore
according to Ld. PCIT, Central, Pune the provisions of section
43CA of the IT Act were clearly attracted in this case. However,
according ... consider this aspect and without examining this issue of
applicability of section 43CA of the IT Act completed the
assessment proceedings without treating the above
should not be included in your income as provided in
section 43CA of the Income Tax Act."
4. The assessee in response ... could be made as per the provisions of section
43CA of the Act, therefore, applying the provisions of section 43CA , the Assessing
Officer made addition
safe
harbour limits of 10% as per first proviso to section 43CA(1) .
14. Referring to the decision of the Pune Bench of the Tribunal ... said
decision has held that the application of first proviso to section 43CA of the Act is
having retrospective effect.
15. He also relied
erred in adopting the Stamp duty value
u/s 43CA and not referring the matter to DVO.
6. On the facts and circumstance ... been
added to the income of the assessee as per section 43CA of the IT
Act. In this regard, we find that
erred in adopting the Stamp duty value
u/s 43CA and not referring the matter to DVO.
6. On the facts and circumstance ... been
added to the income of the assessee as per section 43CA of the IT
Act. In this regard, we find that
held
that the addition made u/s 43CA of the Act is incorrect and not in
accordance with the provisions of that section. Accordingly ... submitted that Assessing Officer has invoked
provisions of Section 43CA of the Act. However, the difference is
less than 5% and therefore, within the allowable
erred in holding that no provisions of Section
43CA of the I. T. Act, 1961 are applicable in this case.
4. The appellant craves leave ... purpose of computing
profits and gains as per provisions of section 43CA
of the Income-tax Act, 1961.
4
ITA No.1352/PUN/2024
Mumbai Trib.) has held that
where Assessing Officer made addition under section 43CA read with
section 56(2)(x) , case of assessee did not fall
