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297 orders · Page 3 of 6
The Tribunal noted that the factual aspects of the case, particularly regarding client code modification and profit from commodity transactions, were identical to the assessee's own case for AY 2014-15, where no discrepancy was found. It held that for commodity trading, only the net profit (difference between purchase and sale values) should be considered for tax, not the gross transaction values. As the assessee provided all supporting documents, the addition u/s 68 was not justified.
The Tribunal held that the reopening of the assessment was barred by limitation. This was based on Supreme Court judgments and concessions by the Revenue regarding notices issued under TOLA for AY 2015-16.
The Tribunal found that the Assessing Officer passed the assessment order under Section 144 read with Section 147 without providing a proper opportunity of being heard, as the show-cause notice was delivered after the compliance date and the assessment was completed before the assessee's reply was considered. The CIT(A) also improperly rejected additional evidence. Consequently, the case was set aside to the Jurisdictional AO to give the assessee another opportunity to explain the share transactions and submit supporting documents.
The Tribunal upheld the addition made by the Assessing Officer as unaccounted sale consideration. It found that the disparity between registered value and market value, coupled with the purchaser's admission, supported the inference of 'on-money' payment.
The Income Tax Appellate Tribunal set aside the order of the CIT(A), finding a violation of the principles of Natural Justice due to the non-consideration of additional evidence and rejoinder. The matter was remitted back to the Jurisdictional Assessing Officer with directions to consider the additional documents and pass a fresh order after providing the assessee an opportunity of being heard.
The Tribunal held that the filing of Form 10B is a procedural requirement, and its delay should not result in the denial of exemption under section 11, especially as the return was filed within the time limit prescribed by section 139. Relying on High Court precedents, it directed the Assessing Officer to condone the delay in filing Form 10B and grant the exemption, subject to verifying other statutory conditions.
The Tribunal held that the Assessing Officer's reliance solely on an uncorroborated excel sheet for a different project and year was insufficient to sustain the addition. The developer's affidavit confirming no cash payment from the assessee and no financial transactions in the relevant assessment year further undermined the AO's case. Citing a Jurisdictional High Court precedent, the Tribunal emphasized that seized material without corroboration and proper correlation cannot be the sole basis for additions.
The Tribunal observed that the CIT(A)'s order was a "cut and paste" error, mistakenly dealing with a reassessment for the same AY instead of the regular assessment that was under appeal. Consequently, the Tribunal set aside the impugned CIT(A) order and directed the CIT(A) to pass a fresh order after affording the assessee a proper opportunity of hearing and deciding the matter on its merits.
The Tribunal acknowledged the assessee's non-compliance before the CIT(A) but deemed it proper to provide one last opportunity. The matter is set aside and remanded to the CIT(A) for fresh adjudication on merits, subject to the assessee depositing a cost of Rs. 10,000/- to the Prime Minister National Relief Fund within 15 days. If the assessee fails to comply again, the CIT(A) is at liberty to decide the grounds based on available records.
The Tribunal set aside the orders of the lower authorities and remanded the matter back to the Jurisdictional A.O. with a direction to pass a fresh order on merits after considering the documents and details to be filed by the assessee. A cost of Rs. 5,000/- was imposed on the assessee for non-filing of the return.
The Tribunal upheld the addition made by the Assessing Officer as unaccounted sale consideration. It found that the disparity between registered value and market value, coupled with the purchaser's admission, supported the inference of 'on-money' payment.
The ITAT found the 70-day delay in filing the appeal before the CIT(A) was not inordinate and deserved condonation, particularly given the substantial addition made. Citing Supreme Court precedents, the ITAT emphasized a liberal and justice-oriented approach to condonation of delay. The ITAT set aside the CIT(A)'s order and remanded the matter back to the CIT(A) for fresh adjudication on merits, after providing adequate opportunity of being heard to the assessee.
The Tribunal observed that the assessee had properly updated its address with the Department and that the Department failed to consider the new address for issuing notices. Therefore, the assessee could not be deemed negligent for non-compliance. The Tribunal concluded that the imposition of penalty under Section 272A(1)(d) was not justifiable.
The Tribunal noted the assessee's repeated non-compliance before the CIT(A) and imposed a cost of Rs. 10,000/-. Subject to this payment, the CIT(A) is directed to provide one final opportunity to the assessee to present its case, failing which the CIT(A) may decide based on available records. The appeal was allowed for statistical purposes, remanding the matter back to the CIT(A).
The Tribunal held that the CIT(Exemption) failed to determine if the religious expenditure incurred by the Trust exceeded the 5% statutory limit of its total income, as prescribed by Section 80G(5B). The matter was remanded to the CIT(Exemption) to examine this aspect and reconsider the application in accordance with the law.
The Tribunal condoned both the 48-day delay in filing the appeal before itself and the 28-day delay in filing the appeal before the CIT(A). The CIT(A)'s order was set aside, and the CIT(A) was directed to grant a fresh hearing to the assessee and decide the case on merits.
The Tribunal held that the rejection was primarily on the ground of non-furnishing of details and that the additional evidence filed by the assessee was necessary for a just adjudication. Therefore, the matter was restored to the CIT(E) for de-novo consideration after affording a reasonable opportunity of being heard to the assessee.
The Tribunal observed that the time limit related to the commencement of activities had long expired. It found that the assessee's applications for regular registration and approval were made within three months of the provisional registrations (October 2024), making them timely in that context. Therefore, the Tribunal directed the CIT(E) to condone any delay and re-examine the applications on merits for fulfilling the conditions for grant of registration/approval.
The Tribunal observed that the CIT(E) rejected the applications due to the assessee's failure to furnish substantial documents and establish the genuineness of its activities. Finding that the interests of justice would be served, the Tribunal remanded both the issue of 12A registration and 80G approval back to the CIT(E). The CIT(E) is directed to reconsider the applications afresh, taking into account all submissions and explanations provided by the assessee.
The Tribunal held that the CIT(A) erred in invoking section 249(4)(b) as the assessee had filed an original return. The requirement to pay advance tax under this section applies only when no return has been filed at all. Furthermore, advance tax is not payable on disputed income. Therefore, the appeal was dismissed on a technicality without considering the merits.
The Tribunal held that the rejection was primarily on the ground of non-furnishing of details and that the additional evidence filed by the assessee was necessary for a just adjudication. Therefore, the matter was restored to the CIT(E) for de-novo consideration after affording a reasonable opportunity of being heard to the assessee.
The Tribunal held that the notice issued under Section 148 on 28-07-2022 for Assessment Year 2016-17 was invalid because it was issued beyond the last permissible date of 14-06-2022. This determination was based on the Supreme Court's Rajeev Bansal decision and the Gujarat High Court's ruling in Dhanraj Govindram Kella. Consequently, the CIT(A) was justified in quashing the assessment order, and the Revenue's appeal was dismissed.
The Tribunal observed that despite notices, the assessee-trust failed to furnish substantial documents before the CIT(E). To ensure justice, the Tribunal decided to remand the matter back to the CIT(E) for fresh consideration of the application, directing the assessee to fully comply with all notices and provide necessary submissions.
The Tribunal observed that the CIT(E) rejected the applications due to the assessee's failure to furnish substantial documents and establish the genuineness of its activities. Finding that the interests of justice would be served, the Tribunal remanded both the issue of 12A registration and 80G approval back to the CIT(E). The CIT(E) is directed to reconsider the applications afresh, taking into account all submissions and explanations provided by the assessee.
The Tribunal found that the CIT(Exemption) failed to properly consider the comprehensive explanations, documents, and case laws submitted by the assessee regarding its charitable activities. Consequently, the Tribunal decided to remand the matter back to the CIT(Exemption) for fresh consideration, instructing them to pass a new order after duly evaluating all submissions and evidence from the assessee.
The Tribunal remanded the case back to the Assessing Officer for a de novo assessment, allowing the assessee another opportunity to present its case after paying a cost of Rs. 10,000/- to the Prime Minister's Relief Fund.
The Tribunal ruled that the CIT(A) erred by dismissing the appeal on the technical ground of limitation, especially when a substantial addition was made without affording the assessee a proper opportunity, violating principles of natural justice. Citing `Vareli Textiles Limited`, the Tribunal set aside the matter to the CIT(A) with directions to condone the delay and adjudicate the appeal on merits.
The Tribunal noted that the assessee's books of account were not rejected, and no discrepancy was found. The cash flow statement, bank statements, and cash book were presented, and the Tribunal found the deposits explained and cash expenses reflected. Therefore, the Tribunal held that no addition was warranted as the source was adequately explained.
The Tribunal found that the original revision order under section 263, which formed the basis for the disallowance, had indeed been quashed by a co-ordinate bench (ITA No. 640/Ahd/2019). Upon verification, no appeal against that quashing order was found pending before the Gujarat High Court. Consequently, the Tribunal held that the Revenue's present appeal, being based on an infructuous revision order, had no legal standing and was dismissed.
During the hearing, the assessee's counsel requested to withdraw the appeal, stating the amount involved was small. The Ld. Sr. D.R. confirmed that there was no objection to the withdrawal. Accordingly, the Tribunal dismissed the appeal as withdrawn.
The Tribunal observed that the time limit related to the commencement of activities had long expired. It found that the assessee's applications for regular registration and approval were made within three months of the provisional registrations (October 2024), making them timely in that context. Therefore, the Tribunal directed the CIT(E) to condone any delay and re-examine the applications on merits for fulfilling the conditions for grant of registration/approval.
The Tribunal noted that only two notices were issued and held that the assessee was not afforded a sufficient opportunity to present its case. It restored the matter to the CIT(Exemptions) for de-novo consideration, instructing to provide a reasonable opportunity of hearing and examine all relevant material.
The tribunal found that the rejection was based solely on non-furnishing of details, for which the assessee provided a plausible reason. Citing principles of natural justice and Supreme Court judgments, the tribunal held that a reasonable opportunity of being heard was denied. Therefore, the tribunal set aside the CIT(Exemptions)'s order and restored the matter for fresh adjudication, subject to the assessee paying a nominal cost.
The Tribunal upheld the Pr. CIT's revisional order, confirming that the interest income earned by the assessee from commercial banks on funds allocated by the State Government, which were not members' contributions, was not eligible for deduction under Section 80P. The Tribunal noted that the Assessing Officer had failed to examine this critical aspect during the original assessment proceedings, rendering the order erroneous and prejudicial to the interest of the Revenue.
The ITAT acknowledged the assessee's non-cooperation but, in the interest of natural justice, decided to restore the matter to the Assessing Officer for de-novo adjudication. The assessee is granted a final opportunity to present its case, subject to paying Rs. 5,000/- as a cost to the Prime Minister Relief Fund.
The Income Tax Appellate Tribunal (ITAT) set aside the CIT(A)'s order, remanding the matter back for fresh adjudication. The ITAT directed the CIT(A) to provide another opportunity to the assessee to produce and substantiate the FIR filed with Police Authorities and thereafter decide the issue on merits, considering the principles of natural justice.
The Tribunal upheld the validity of the reassessment proceedings, confirming that the Assessing Officer had tangible information and applied independent judgment, not merely borrowed satisfaction, for reopening. It also affirmed the addition made under Section 69, agreeing with the CIT(A) that the assessee failed to discharge the onus to explain the source of the cash capital. Consequently, no infirmity was found in the CIT(A)'s order.
The Tribunal set aside the CIT(Exemptions)'s order, finding that the rejection was solely due to procedural non-compliance without granting a proper opportunity or considering available records. The matter was remanded for de-novo consideration, instructing the CIT(Exemptions) to provide a fresh opportunity of being heard and to examine the trust's objects and activities. A cost of Rs. 1,000/- was imposed on the assessee for their negligence.
The Tribunal acknowledged widespread confusion surrounding these registration provisions, treated the assessee's mistake as clerical, and condoned the delay in filing. It directed the CIT(E) to treat the applications under the correct provisions and decide them on merits. This principle also applied to the 80G application.
The Tribunal found that the lower authorities failed to properly consider the assessee's explanations and evidence for both additions. For the TDS mismatch, the matter was restored to the AO for fresh adjudication. For the share valuation, the Tribunal agreed that the AO's method was not in accordance with law and the issue regarding non-resident shareholders was not adequately addressed due to insufficient evidence. This issue was also remanded to the AO for fresh adjudication after allowing the assessee due opportunity of hearing.
The ITAT condoned the delay in filing the appeal, acknowledging the bona fide ignorance of the assessee regarding the legal provisions for exemption. Following the precedent set by the Chandigarh ITAT, it held that the BSNL VRS 2019 compensation is exempt under Section 10(10B) and, consequently, the assessee is eligible for a refund of the TDS.
The Tribunal held that the assessee was a conduit for fund circulation and not the beneficiary, thus the entire amount could not be taxed as unexplained credit. However, the quantum of transactions needed verification to correctly compute the commission income.
The Income Tax Appellate Tribunal found that the assessee had provided thorough documentary evidence, including bank statements, ledger accounts, and repayment details with interest, to substantiate the genuineness of the loans and their repayment. The Tribunal concluded that the assessee had adequately explained the receipt of funds, and therefore, the CIT(A)'s confirmation of the addition was incorrect.
The Tribunal held that the assessee was a conduit for fund circulation and not the beneficiary, thus the entire amount could not be taxed as unexplained credit. However, the quantum of transactions needed verification to correctly compute the commission income.
The ITAT set aside the CIT(A)'s ex-parte order and remanded the case for de-novo consideration on merits, granting the assessee one more opportunity to be heard and present evidence. A cost of Rs. 5,000/- was imposed on the assessee for persistent non-compliance, payable to the Prime Minister's National Relief Fund.
The Tribunal acknowledged widespread confusion surrounding these registration provisions, treated the assessee's mistake as clerical, and condoned the delay in filing. It directed the CIT(E) to treat the applications under the correct provisions and decide them on merits. This principle also applied to the 80G application.
The Tribunal condoned the delay in filing the appeals, citing the assessee's genuine cause and the potential for gross injustice if the appeals were not heard on merits. The matters were restored to the CIT(A) for fresh adjudication.
The Tribunal upheld the Addl. CIT(A)'s decision, finding that the assessee's explanation for the inordinate delay was not bonafide and indicated gross negligence. Relying on Supreme Court guidelines, the Tribunal concluded that such a substantial delay could not be condoned merely by blaming the counsel, especially when the assessee failed to monitor the appeal status over several years.
The Tribunal held that the PCIT's order was not sustainable as the DPCO liability was already held to be an ascertained liability by the ITAT for the same assessment year. Therefore, the assessment order allowing the deduction was not erroneous.
The Tribunal held that the donations were bogus accommodation entries, as evidenced by the political party's admission of the modus operandi. Consequently, the disallowance of deductions claimed under Section 80GGC and Section 80C was upheld.