ALNESH AKIL SOMJI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, PUNE

ITA 35/PUN/2025Status: DisposedITAT Pune27 June 2025AY 2019-2026 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal restored the issue of interest on housing loan to the Assessing Officer for fresh adjudication. For interest expenditure, the Tribunal allowed the claim. The issue of agricultural income and Chapter VI-A deductions were also restored to the Assessing Officer for fresh adjudication.

What were the facts?

The assessee claimed deductions for interest on housing loan and interest expenditure. The Assessing Officer disallowed these claims due to lack of evidence and improper utilization of borrowed funds. The CIT(A) upheld these disallowances.

What were the issues?

Whether the assessee can claim deductions not made in the original return filed under Section 139, and whether interest expenditure is allowable when not fully utilized for earning income.

Which sections of the Income-tax Act were involved?

Section 139,Section 153A,Section 24(b),Section 57(iii),Section 28(v)

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Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE

Before: SHRI R. K. PANDA & MS ASTHA CHANDRA

For Appellant: Shri Nitin Rander
For Respondent: Shri Amol Khairnar CIT-DR

PER R.K. PANDA, V.P:

The above 2 appeals filed by the assessee are directed against the common order dated 07.11.2024 of the Ld. CIT(A), Pune -11 relating to assessment years 2018-19 and 2019-20 respectively. For the sake of convenience, these appeals were heard together and are being disposed of by this common order.

2.

Facts of the case, in brief, are that the assessee is an individual and partner in various firms of Gagan group of cases. He filed his original return of income u/s 139(1) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) on 31.10.2018 declaring total income of Rs.Nil (for assessment year 2019-20 at Rs.57,29,190/-). The assessee filed a revised return o

The order continues below.

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