ITAT Cuttack Judgments — December 2018

The Tribunal found that the CIT(A) had dismissed the appeal ex-parte. To render substantial justice, the Tribunal set aside the CIT(A)'s order and restored the matter to the CIT(A)'s file for fresh adjudication.

The Tribunal held that revision under Section 263 is not sustainable if no incriminating material was found during the search operation concerning the disputed expenditure. The assessment order under Section 153A for a non-abated year can only be based on such incriminating material.

The Tribunal held that the CIT(Exemption) failed to consider the amended trust deed which addressed the deficiencies. The amended deed incorporated clauses for activities within India, beneficiary, dissolution, and irrevocability.