126 orders · Page 3 of 3
The Tribunal held that the reassessment notice and the consequential order were bad in law due to non-compliance with Section 151(ii) of the Act. The approval for the notice was obtained from an incorrect authority based on the time period.
The Tribunal held that for Section 41(1) to apply, there must be a remission or cessation of liability, and the assessee must have derived some benefit from it. In this case, the liabilities were still shown as outstanding in the assessee's books, and there was no evidence of cessation in law or benefit derived by the assessee. Therefore, Section 41(1) could not be invoked.
The Tribunal condoned the delay in filing the appeal. It found that the assessee had provided sufficient documentation for the purchase of the new property and the cost of construction. The Assessing Officer was incorrect in denying the deduction solely based on the illegibility of the purchase deed.
The Tribunal found that for co-operative societies requiring an audit, the due date for filing returns is 31.10.2018. Since the assessee filed its return on 19.09.2018, it was within the prescribed time limit.
The Tribunal condoned the 577-day delay in filing the appeal, noting the disruption caused by the COVID-19 pandemic and transition to the faceless regime. The Tribunal set aside the orders of the lower authorities, restoring the matter to the AO for fresh adjudication.
The Tribunal verified the facts with the Registry. As the online appeal was adjourned, the Tribunal decided not to adjudicate the present physical appeal.
The tribunal held that the CIT(A) correctly allowed the assessee's appeals, as the assessment orders were quashed by the Hon'ble High Court based on a precedent. The revenue had not taken any further proceedings against the High Court's order.
The Tribunal found that while the assessee provided some documents, a comprehensive reconciliation of cash flow was missing. To ensure justice, the issue was restored to the Assessing Officer for fresh adjudication with an opportunity for the assessee to produce detailed cash records.
The Tribunal held that the filing of Form 10-IE is a mandatory substantive requirement, but its delayed submission is a procedural omission, especially since the form was available before the intimation under section 143(1) was passed. The delay should not deny the benefit, considering the context of the first year of applicability of section 115BAC and the Supreme Court's directions regarding exclusion of time periods due to the pandemic.
The Tribunal held that since the Assessing Officer followed a view supported by the jurisdictional High Court, the PCIT could not invoke Section 263. The PCIT's order was quashed as the Assessing Officer's assessment was not erroneous or prejudicial to the revenue.
The Tribunal referred to its own earlier order and the Supreme Court judgments, holding that co-operative banks are a species of co-operative societies. Therefore, interest income earned by the assessee from deposits with other co-operative societies is eligible for deduction under Section 80P(2)(d) of the Act. The disallowance made by the lower authorities was set aside.
The Tribunal held that the AO's order allowing deduction under Section 80P(2)(a)(i) for interest income earned by the cooperative society on its investments was not erroneous. This was because the AO had followed a view permissible in law, supported by jurisdictional High Court decisions, even if other views were possible.
The Tribunal found that while the assessee provided some documents, a comprehensive reconciliation of cash flow was missing. To ensure justice, the issue was restored to the Assessing Officer for fresh adjudication with an opportunity for the assessee to produce detailed cash records.
The tribunal held that the CIT(A) correctly allowed the assessee's appeals, as the assessment orders were quashed by the Hon'ble High Court based on a precedent. The revenue had not taken any further proceedings against the High Court's order.
The tribunal held that the CIT(A) correctly allowed the assessee's appeals, as the assessment orders were quashed by the Hon'ble High Court based on a precedent. The revenue had not taken any further proceedings against the High Court's order.
The Tribunal held that commission income does not fall under the professions covered by Section 44ADA, hence the AO's action to assess it as income from other sources is upheld. However, regarding the commission income, only net income after expenditure is taxable, and the matter was restored to the AO for verification of expenditure. The gift from the sister was held to be not taxable.
The Tribunal found the assessee's explanation for the delay in filing the appeal to be plausible and bonafide. The Tribunal condoned the short delay of 46 days in filing the appeal before it. The Tribunal also condoned the delay of 76 days in filing the appeal before the CIT(A)/NFAC.
The Tribunal held that a 'dumb document' without corroborative evidence cannot be the sole basis for an addition. Furthermore, the assessment was invalid as it was framed under Section 143(3) instead of the mandatory Section 153C when seized material from a third-party search was involved.
The Tribunal held that a 'dumb document' without corroborative evidence cannot be the sole basis for an addition. Furthermore, the assessment was invalid as it was framed under Section 143(3) instead of the mandatory Section 153C when seized material from a third-party search was involved.
The Tribunal held that a 'dumb document' without corroborative evidence cannot be the sole basis for an addition. Furthermore, the assessment was invalid as it was framed under Section 143(3) instead of the mandatory Section 153C when seized material from a third-party search was involved.
The Tribunal held that a 'dumb document' without corroborative evidence cannot be the sole basis for an addition. Furthermore, the assessment was invalid as it was framed under Section 143(3) instead of the mandatory Section 153C when seized material from a third-party search was involved.
The Tribunal noted that the CIT(A) dismissed the appeal without adjudicating on merits. The Tribunal also observed that the Assessee, being a non-resident, faced difficulties in obtaining information and was not adequately questioned on certain grounds. Therefore, a further opportunity was granted.
The Tribunal held that a 'dumb document' without corroborative evidence cannot be the sole basis for an addition. Furthermore, the assessment was invalid as it was framed under Section 143(3) instead of the mandatory Section 153C when seized material from a third-party search was involved.
The Tribunal held that the AO was not justified in estimating profit on purchases and making the addition. The Tribunal noted the fixed fee arrangement, the cost-to-cost transfer of goods, and the acceptance of a similar arrangement with another merchandiser in the same year.
The Tribunal ruled that earning commission income does not qualify for the presumptive taxation scheme under section 44ADA. However, the gift received from the sister was held to be non-taxable. The case concerning commission receipts was remanded to the AO to verify expenditure claims before recomputing the taxable income.
The Tribunal held that a 'dumb document' without corroborative evidence cannot be the sole basis for an addition. Furthermore, the assessment was invalid as it was framed under Section 143(3) instead of the mandatory Section 153C when seized material from a third-party search was involved.