ITAT Agra Judgments — October 2023

The Tribunal found that the CIT(A) considered submissions and evidence not presented before the AO, which contravened Rule 46A. Therefore, the issue was remitted back to the AO for fresh consideration.

The Tribunal held that the Assessing Officer had conducted sufficient inquiry, verified documents, and made necessary verifications. Therefore, the Pr.CIT's assumption of jurisdiction under Section 263 was incorrect.

The Tribunal held that the CIT(A) erred in his finding regarding the DVO's valuation. The DVO's valuation is not merely advisory and can override the valuation determined by the sub-registrar.

The Tribunal held that the assessee had substantially complied by obtaining the audit report before the due date and submitting it during assessment. The failure to file the report by the due date was considered a reasonable cause due to no return being filed initially.

The Tribunal held that if employee contributions to PF and ESI are paid beyond the due dates specified in the relevant Acts, they are to be added back to the income of the assessee. This decision followed the precedent set by the Supreme Court.

The Tribunal held that the note to the Tehsildar was not a certificate and the internet search by the Pr. CIT was not conclusive evidence. It found that the AO had made inquiries and taken a plausible view, thus setting aside the Pr. CIT's order.