ITAT Agra Judgments — August 2023

The Tribunal found that the lower authorities did not properly examine the existence and demolition of the structure, nor did they inquire about the sale consideration's inclusion of the demolished structure. The assessee was not given a proper opportunity to prove these facts.

The Tribunal, noting that the Revenue had no objection, permitted the withdrawal of the appeal. Therefore, the appeal filed by the assessee was dismissed as withdrawn.

The Tribunal permitted the assessee to withdraw the appeal as no adverse inference was drawn by the Assessing Officer in the original proceedings. The Revenue did not object to the withdrawal.

The Tribunal held that the assessee failed to provide evidence for the claimed commission receipts and agricultural income. The AO's findings regarding fabricated documents and the illegality of agricultural receipts were upheld.

The Tribunal held that the CIT(E) erred in rejecting the registration. The activity of providing food at concessional rates, which did not even meet the cost, was not business. Furthermore, the proviso to Section 2(15) is not applicable to 'Relief to Poor' activities, which was the primary object.

The Tribunal restored the issue of rent disallowance to the AO for cross-examination, partly allowed the guarantee payment issue for de-novo consideration, allowed the addition of Rs. 3,50,000/- as unexplained loan, and restored the disallowance of Rs. 20,00,000/- to the AO for a speaking order.