ITAT Ahmedabad Judgments — September 2022

The Tribunal considered the assessee's request for withdrawal and the submitted Form No. 5, which indicated final settlement of tax arrears under the Vivad Se Vishwas Act, 2020. The appeal was dismissed as withdrawn.

The Tribunal held that the appeals filed by the Revenue were not maintainable due to the low tax effect, as per the CBDT circular. Therefore, the appeals were dismissed at the threshold.

The Tribunal held that the Assessing Officer's jurisdiction in reassessment proceedings under Section 147 is confined to the reasons for reopening. Since the issue of capital gains on land was not the basis for reopening and did not come to the AO's notice during reassessment, the assessment order could not be deemed erroneous on this ground.

The Tribunal held that the appeals filed by the Revenue were not maintainable due to the low tax effect, as per the CBDT circular. Therefore, the appeals were dismissed at the threshold.

The Tribunal held that since the trust is a public charitable trust and its trustees are not entitled to any share in the income, the tax should be charged at the rate applicable to an individual, not MMR. The delay in filing the appeal was condoned.