151 orders · Page 2 of 4
The Tribunal held that since the assessee deals in perishable commodities and receives payments in cash, and the entire transaction was included in the disclosed income, the addition was unjustified. The Assessing Officer provided no reason to treat the balance as undisclosed income.
The Tribunal noted that while a wrong return was filed, the intimation under Section 143(1) made adjustments not permissible under the Act. The CPC disallowed the expenditure claimed, which is not an allowed adjustment under Section 143(1). Therefore, the intimation was deemed unsubstantive.
The Tribunal held that the sale consideration should be considered as Rs.5,20,00,000/-. The reasoning was based on several discrepancies and observations. Firstly, the agreement dated 28.11.2014 was more detailed, including mobile numbers, whereas the agreement dated 30.5.2015 was vague, with an unclear notary serial number and no signature from the assessee. Crucially, the property was converted to freehold by an order dated 19.3.2015, prior to the second agreement, making the assessee's claim that the second agreement was necessitated by the delay in conversion false. The Tribunal found that the second agreement, dated 30.5.2015, appeared to have been created solely to reflect the government rate for registration (Rs.3,80,00,000/-) and to counter the AO's notice based on the original agreement. The original agreement for Rs.5,20,00,000/- was considered the primary agreement. The Tribunal rejected the assessee's argument that the revenue lacked evidence, stating that the assessee, having entered into the agreement, possessed knowledge of it, and the revenue came to know of it through a tax evasion petition. Therefore, the addition made by the AO and confirmed by the CIT(A) was upheld. The appeal of the assessee was dismissed.
The Tribunal noted that the assessee failed to substantiate his claim with relevant documents before the authorities below, leading to the dismissal of his appeal by the CIT(A). However, in the interest of justice, the issues are restored to the file of the AO.
The Tribunal noted that the assessee failed to substantiate their claim with documents and produce evidence as required by the CIT(A), leading to the dismissal of the appeal. However, in the interest of justice, the issues were restored to the AO for fresh adjudication.
The Tribunal noted that the assessee failed to substantiate their claim with relevant documents and evidence before the CIT(A). In the interest of justice, the Tribunal restored the issues to the file of the AO for fresh adjudication, ensuring the assessee is given an adequate opportunity to be heard.
The Tribunal noted that the assessee failed to substantiate their claim with relevant documents and evidence before the CIT(A). In the interest of justice, the Tribunal restored the issues to the file of the AO for fresh adjudication, ensuring the assessee is given an adequate opportunity to be heard.
The Tribunal condoned the delay of 295 days after the Sr. DR did not object. The Tribunal restored the issues in appeal to the file of the AO for adjudicating afresh, providing the assessee with adequate opportunity of being heard.
The Tribunal condoned the delay in filing the appeal before the ITAT, noting that the delay was not inordinate and that substantial justice should be preferred over technicality. The Tribunal also restored the issues to the file of the CIT(A) for adjudication on merits, providing the assessee with an adequate opportunity of being heard.
The Tribunal perused the compensation order issued by Mahanadi Coalfield Limited (MCL). It noted that the entire amount of Rs. 61,73,207.39 was clearly stated as compensation for the acquisition of agricultural land, which was also the assessee's ancestral land. Therefore, this amount was not taxable.
The Tribunal held that with the quantum assessment order being set aside, the very foundation for the penalty under Section 270A no longer survived. Consequently, the penalty was deleted, although liberty was granted to the Assessing Officer to initiate fresh penalty proceedings if required in the set-aside quantum matter.
The Tribunal condoned the delay in filing the appeal. Considering the liquidation of the assessee and the Official Liquidator's commitment to cooperate, the issues were restored to the file of the Assessing Officer for readjudication, granting the assessee an opportunity to be heard.
The Tribunal held that the assessee failed to provide evidence showing the donors intended the development fees to be part of a corpus fund. The collection of these fees was in line with government-permitted fees for private colleges, and the break-up indicated a fixed amount collected from students, not a voluntary donation for a corpus.
The Tribunal noted that the lower appellate authority had deleted the addition in its entirety but had erroneously typed the figure. The error in the order was corrected, and the deleted addition was confirmed as Rs. 3,51,46,410.
The Tribunal considered the rival submissions and noted that the original assessment order was set aside, and the appeal against the reassessment order was pending. The issues in the current appeal, which pertains to the Section 154 order, relate to the applicability of Section 115BBE, which is dependent on the adjudication of additions made in the assessment/reassessment orders.
The Tribunal held that while a statement of purpose is required, a minor inaccuracy or lack of full declaration in Form No. 10 is not fatal if the purpose is clarified during assessment proceedings. The disallowance was deleted.
The Tribunal noted that the assessee was a matric-pass lady and that her unawareness was exploited. The bank account statements showed cash deposits followed by immediate transfers, and a very low balance. The additions made by the Assessing Officer and confirmed by the CIT(A) were based on a mistaken assumption.
The Tribunal held that the CPC's action of denying exemption under section 11 and taxing the entire gross receipts under section 143(1) was beyond its powers. The Revenue should have resorted to assessment under section 143(3) to deny the exemption and assess the real income.
The Tribunal noted that the assessee failed to substantiate its claim with relevant documents before the Assessing Officer. However, to provide an opportunity for substantiation, the issues were restored to the Assessing Officer for fresh adjudication, with directions for the assessee to cooperate and provide necessary documents.
The Tribunal held that the notice issued under Section 148A(b) of the Act did not provide the assessee with the requisite seven clear days for response. This was in violation of the law as laid down by the Hon'ble High Court of Jharkhand in the case of Satish Kumar. Therefore, the notice was deemed invalid.
The Tribunal refused to hear the assessee's counsel due to the violation of court etiquette and rules. Consequently, the appeals were dismissed for failure of the counsel to appear properly.
The Tribunal condoned the delay in filing the appeals. It held that in the interest of justice, the issues in both appeals should be restored to the file of the Assessing Officer for fresh adjudication, with an adequate opportunity for the assessee to be heard. A cost was imposed on the assessee for non-cooperation.
The Tribunal refused to hear the assessee's counsel due to the violation of court etiquette and rules. Consequently, the appeals were dismissed for failure of the counsel to appear properly.
The Tribunal noted that the assessee failed to substantiate its claim and produce necessary documents before the lower authorities, leading to the dismissal of the appeal. In the interest of justice, the issues were restored to the file of the Jurisdictional AO for fresh adjudication after providing the assessee an adequate opportunity of being heard.
The Tribunal restored the issues to the file of the PCIT for re-adjudication, granting the assessee an adequate opportunity of being heard. However, due to the assessee's non-cooperation, a cost of Rs. 25,000 was imposed on the assessee.
The Tribunal held that the reasons recorded for reopening did not mention any failure on the part of the assessee to disclose fully and truly all material facts. The reopening was done beyond four years, and the proviso to Section 147 requires such failure for reopening. Therefore, the reopening was quashed.
The Tribunal condoned the delay in filing the appeals. It held that in the interest of justice, the issues in both appeals should be restored to the file of the Assessing Officer for fresh adjudication, with an adequate opportunity for the assessee to be heard. A cost was imposed on the assessee for non-cooperation.
The Tribunal noted that the assessee failed to substantiate their claims with relevant documents before the AO and CIT(A), leading to ex-parte dismissal. In the interest of justice, the appeals were restored to the AO for fresh adjudication. However, due to the assessee's non-cooperation, a cost of Rs. 10,000/- was imposed on the assessee for each appeal.
The Tribunal noted that the assessee failed to substantiate their claims with relevant documents before the AO and CIT(A), leading to ex-parte dismissal. In the interest of justice, the appeals were restored to the AO for fresh adjudication. However, due to the assessee's non-cooperation, a cost of Rs. 10,000/- was imposed on the assessee for each appeal.
The Tribunal condoned the delay, stating that substantial justice should be preferred over technicalities like limitation. The Tribunal noted that the assessee failed to produce relevant documents and evidence before the lower authorities.
The Tribunal's decision, as stated in the provided text, is that the appeals of the assessee are partly allowed for statistical purposes. The reasoning behind this decision, the specific findings on any issues, and the operative directions beyond the partial allowance for statistical purposes are not elaborated. The judgment does not specify any issue that was expressly left undecided. Therefore, the ratio decidendi that could be cited for another case is not available from this excerpt.
The Tribunal condoned the delay in filing the appeals before the CIT(A). Since the quantum issues on which the penalties were levied were restored for readjudication, the basis for the penalty no longer survived. Therefore, the penalties were deleted.
The Tribunal condoned the delay of 361 days in filing the appeals. The Tribunal noted that the assessee could not substantiate its claim due to a lack of relevant documents and failed to produce evidence as required. While the AO passed an ex-parte order and the CIT(A) dismissed the appeal, the Tribunal decided to restore the issues to the AO for fresh adjudication, allowing the assessee an adequate opportunity to be heard and present evidence.
The Tribunal condoned the delay of 361 days in filing the appeals. The Tribunal noted that the assessee could not substantiate its claim due to a lack of relevant documents and failed to produce evidence as required. While the AO passed an ex-parte order and the CIT(A) dismissed the appeal, the Tribunal decided to restore the issues to the AO for fresh adjudication, allowing the assessee an adequate opportunity to be heard and present evidence.
The Tribunal condoned the delay of 361 days in filing the appeals. The Tribunal noted that the assessee could not substantiate its claim due to a lack of relevant documents and failed to produce evidence as required. While the AO passed an ex-parte order and the CIT(A) dismissed the appeal, the Tribunal decided to restore the issues to the AO for fresh adjudication, allowing the assessee an adequate opportunity to be heard and present evidence.
The Tribunal condoned the delay of 361 days in filing the appeals. The Tribunal noted that the assessee could not substantiate its claim due to a lack of relevant documents and failed to produce evidence as required. While the AO passed an ex-parte order and the CIT(A) dismissed the appeal, the Tribunal decided to restore the issues to the AO for fresh adjudication, allowing the assessee an adequate opportunity to be heard and present evidence.
The Tribunal noted that the assessee could not substantiate its claim and failed to produce required evidence, leading to the dismissal of appeals by the CIT(A). In the interest of justice, the issues were restored to the file of the AO for fresh adjudication, with a cost imposed on the assessee for non-cooperation.
The Tribunal noted that the assessee could not substantiate its claim and failed to produce required evidence, leading to the dismissal of appeals by the CIT(A). In the interest of justice, the issues were restored to the file of the AO for fresh adjudication, with a cost imposed on the assessee for non-cooperation.
The Tribunal condoned the delay and admitted the appeals. The appeals were dismissed ex-parte by the CIT(A) because the assessee failed to substantiate claims and produce evidence. The Tribunal restored the issues to the AO for fresh adjudication with an opportunity for the assessee to be heard.
The Tribunal condoned the delay of 335 days in filing the appeal before it, subject to payment of Rs. 100/- cost. The Tribunal also condoned the delay of 2753 days in filing the appeal before the CIT(A), restoring the appeals to the CIT(A) for adjudication on merits, again subject to cost.
The Tribunal condoned the delay of 335 days in filing the appeal before it, subject to payment of Rs. 100/- cost. The Tribunal also condoned the delay of 2753 days in filing the appeal before the CIT(A), restoring the appeals to the CIT(A) for adjudication on merits, again subject to cost.
The Tribunal condoned the delay of 335 days in filing the appeal before it, subject to payment of Rs. 100/- cost. The Tribunal also condoned the delay of 2753 days in filing the appeal before the CIT(A), restoring the appeals to the CIT(A) for adjudication on merits, again subject to cost.
The Tribunal condoned the delay of 335 days in filing the appeal before it, subject to payment of Rs. 100/- cost. The Tribunal also condoned the delay of 2753 days in filing the appeal before the CIT(A), restoring the appeals to the CIT(A) for adjudication on merits, again subject to cost.
The Tribunal condoned the delay of 335 days in filing the appeal before it, subject to payment of Rs. 100/- cost. The Tribunal also condoned the delay of 2753 days in filing the appeal before the CIT(A), restoring the appeals to the CIT(A) for adjudication on merits, again subject to cost.
The Tribunal condoned the delay of 335 days in filing the appeal before it, subject to payment of Rs. 100/- cost. The Tribunal also condoned the delay of 2753 days in filing the appeal before the CIT(A), restoring the appeals to the CIT(A) for adjudication on merits, again subject to cost.
The Tribunal condoned the delay of 335 days in filing the appeal before it, subject to payment of Rs. 100/- cost. The Tribunal also condoned the delay of 2753 days in filing the appeal before the CIT(A), restoring the appeals to the CIT(A) for adjudication on merits, again subject to cost.
The Tribunal condoned the delay of 335 days in filing the appeal before it, subject to payment of Rs. 100/- cost. The Tribunal also condoned the delay of 2753 days in filing the appeal before the CIT(A), restoring the appeals to the CIT(A) for adjudication on merits, again subject to cost.
The Tribunal condoned the delay of 335 days in filing the appeal before it, subject to payment of Rs. 100/- cost. The Tribunal also condoned the delay of 2753 days in filing the appeal before the CIT(A), restoring the appeals to the CIT(A) for adjudication on merits, again subject to cost.
The Tribunal condoned the delay of 335 days in filing the appeal before it, subject to payment of Rs. 100/- cost. The Tribunal also condoned the delay of 2753 days in filing the appeal before the CIT(A), restoring the appeals to the CIT(A) for adjudication on merits, again subject to cost.
The Tribunal condoned the delay of 335 days in filing the appeal before it, subject to payment of Rs. 100/- cost. The Tribunal also condoned the delay of 2753 days in filing the appeal before the CIT(A), restoring the appeals to the CIT(A) for adjudication on merits, again subject to cost.