The ITAT Pune ruled on two main issues. Firstly, it held that ...

Non-taxable contributions from members upheld under doctrine of mutuality. Incorrect reporting doesn't change tax status. Deduction under u/s 80P(2)(d) allowed.

Case Laws     Income Tax

June 3, 2024

The ITAT Pune ruled on two main issues. Firstly, it held that contributions from members towards a common pool are not taxable due to the doctrine of mutuality. Incorrectly reporting such contributions in the tax return does not change their non-taxable nature. Therefore, the tax authorities cannot tax such contributions based on incorrect reporting. The decision was supported by the precedent set in Bharat General Reinsurance Co. Ltd. case. Secondly, the ITAT Pune allowed the deduction u/s 80P(2)(d) for interest earned from investments. The denial of the claim due to incorrect reporting in the return was deemed unjustified. The Central Board of Direct Taxes circular emphasized that mistakes in the return should be rectified by the revenue authorities, and ignorance of the assessee cannot be a reason for denial. The ITAT Pune found the tax authorities' actions to be against legal principles and overturned the denial of the deduction. The appeal of the assessee was allowed.

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