ITAT Pune Judgments — June 2026

The Tribunal held that the assessee's method of benchmarking all international transactions using TNMM should be respected, and segregating royalty payments for a different method was not justified. It also found that the management support services were adequately supported by evidence and consistently accepted by revenue authorities in the past.

The Tribunal held that Section 68 of the Income Tax Act is applicable to advances received from customers in the real estate business, even if they are considered business transactions. However, considering the voluminous fresh details submitted by the assessee, the Tribunal decided to restore the issue to the CIT(A) for fresh adjudication.

The Tribunal found merit in the assessee's argument that a 8% net profit on gross turnover was accepted in previous and subsequent assessment years under similar circumstances. Therefore, the AO's and CIT(A)'s actions were deemed unjustified.

The Tribunal found that the CIT(A) passed the order without adjudicating upon all submissions and providing adequate opportunity. Therefore, the matter was remitted back to the CIT(A) for fresh adjudication.

The Tribunal condoned the delay due to reasonable cause and admitted the appeal. Considering the assessee's failure to appear before lower authorities and the new details provided, the Tribunal remitted the issues back to the Assessing Officer for fresh adjudication.

The Tribunal admitted the additional evidence and remitted the matter back to the CIT(A) for fresh adjudication. The CIT(A) is directed to obtain a remand report from the AO and decide the issues after providing a reasonable opportunity of hearing to the assessee.

The Tribunal held that Section 43CA cannot be applied retrospectively to agreements executed before its introduction. Since the agreements to sell and a major portion of the sale consideration were received before April 1, 2013, the addition made under Section 43CA was not sustainable.