ITAT Delhi Judgments — July 2018

The Tribunal dismissed the Revenue's appeal as per CBDT Circular No. 03 of 2018, which mandates not pressing appeals with a tax effect below Rs. 20,00,000/-. The assessee's appeal was dismissed as withdrawn.

The Tribunal held that Section 194A(3)(v) provides a blanket exemption for interest paid by cooperative societies to their members, without differentiating based on whether they conduct banking business. It also found the non-submission of Forms 15G/15H to the specific CIT(TDS) to be a technical breach, not warranting the levy of demand.

The Tribunal held that the proceedings under Section 153C were invalid because the satisfaction notes were defective, misidentifying the seized documents and failing to mention their incriminating nature. Consequently, the assessment was quashed.

The Tribunal held that the CIT(A) was correct in allowing the exemption. The AO failed to demonstrate that the society's activities were commercial, and the society had consistently enjoyed exemption from AY 2005-06 to 2014-15, barring the current year.

The Tribunal noted that the tax effect was below the monetary limit of Rs. 20 lakhs as per CBDT Circular No. 3/2018. Therefore, the appeal should not have been pressed by the Revenue.

The Tribunal noted that the tax effect in the appeal was below the revised monetary limit set by the CBDT for filing appeals before the ITAT. Therefore, the appeal was treated as withdrawn.

The Tribunal dismissed the Revenue's appeals as the tax effect was below the revised monetary limit for filing appeals. The assessee's appeal was also dismissed as it was not pressed.

The Tribunal dismissed the Revenue's appeal as per CBDT Circular No. 03 of 2018, which mandates not pressing appeals with a tax effect below Rs. 20,00,000/-. The assessee's appeal was dismissed as withdrawn.

The Tribunal held that Section 194A(3)(v) provides a blanket exemption for interest paid by cooperative societies to their members, without differentiating based on whether they conduct banking business. It also found the non-submission of Forms 15G/15H to the specific CIT(TDS) to be a technical breach, not warranting the levy of demand.

The Tribunal held that Section 194A(3)(v) provides a blanket exemption for interest paid by cooperative societies to their members, without differentiating based on whether they conduct banking business. It also found the non-submission of Forms 15G/15H to the specific CIT(TDS) to be a technical breach, not warranting the levy of demand.

The Tribunal held that the CIT(A) had no jurisdiction to make an enhancement on a new source of income not considered by the Assessing Officer. For other issues, the Tribunal restored some matters to the CIT(A) for fresh adjudication and allowed some grounds for statistical purposes.

The Tribunal held that the CIT(A) had no jurisdiction to make an enhancement on a new source of income not considered by the Assessing Officer. For other issues, the Tribunal restored some matters to the CIT(A) for fresh adjudication and allowed some grounds for statistical purposes.

The Tribunal held that Section 194A(3)(v) provides a blanket exemption for interest paid by cooperative societies to their members, without differentiating based on whether they conduct banking business. It also found the non-submission of Forms 15G/15H to the specific CIT(TDS) to be a technical breach, not warranting the levy of demand.

The Tribunal held that the CIT(A) exceeded his powers by issuing directions to tax other individuals, as his jurisdiction was confined to the assessment order under appeal. The directions were uncalled for and deserved to be expunged.

The Tribunal followed a coordinate bench's decision where a similar penalty was deleted. The Tribunal found parity of facts and circumstances and directed the deletion of the penalty.

The Tribunal held that since the additions in question had already been deleted by the ITAT in a prior appeal concerning the original assessment, there was no justification to sustain them again. Therefore, the assessee's appeal was allowed.

The Tribunal restored the issue of additional depreciation to the AO for verification and allowed the claim if eligible. It also directed the AO not to charge interest u/s 234B on income subject to TDS and to compute interest u/s 234C on returned income.

The Tribunal upheld the CIT(A)'s order, confirming that the transactions were commercial in nature and not covered by Section 2(22)(e). The Tribunal noted that the transactions were squared up on the same day and cited CBDT circulars and High Court decisions supporting this view.

The Tribunal held that JCB India constituted a service PE of the assessee in India, upholding the Assessing Officer's finding. However, it restored the issue of reimbursements for salary and expenses to the Assessing Officer for verification and directed fresh adjudication on attribution of income, while also relieving the assessee from interest liability under Section 234B.

The Tribunal held that Section 194A(3)(v) provides a blanket exemption for interest paid by cooperative societies to their members, without differentiating based on whether they conduct banking business. It also found the non-submission of Forms 15G/15H to the specific CIT(TDS) to be a technical breach, not warranting the levy of demand.

The Tribunal held that Section 194A(3)(v) provides a blanket exemption for interest paid by cooperative societies to their members, without differentiating based on whether they conduct banking business. It also found the non-submission of Forms 15G/15H to the specific CIT(TDS) to be a technical breach, not warranting the levy of demand.

The Tribunal dismissed the Revenue's appeals as the tax effect was below the revised monetary limit for filing appeals. The assessee's appeal was also dismissed as it was not pressed.

The Tribunal dismissed the Revenue's appeal in limine due to the low tax effect, as per CBDT circulars. The assessee's cross-objection was also dismissed as no one appeared on their behalf, indicating a lack of interest in pursuing it.

The Tribunal held that Section 194A(3)(v) provides a blanket exemption for interest paid by cooperative societies to their members, without differentiating based on whether they conduct banking business. It also found the non-submission of Forms 15G/15H to the specific CIT(TDS) to be a technical breach, not warranting the levy of demand.

The Tribunal held that in view of the CBDT circular revising the monetary limit for filing appeals to Rs. 20,00,000/-, and clarifying that pending appeals below this limit are treated as withdrawn, the Revenue's appeals should be dismissed.

The Tribunal held that in view of the CBDT circular revising the monetary limit for filing appeals by the department to Rs. 20,00,000/-, and clarifying that pending appeals below this limit are treated as withdrawn, the appeals filed by the Revenue should be dismissed.

The Tribunal held that in terms of CBDT Circular No. 3/2018, the appeal should not have been pressed by the Revenue. Therefore, the appeal was dismissed in limine.

The Tribunal held that in view of the CBDT circular revising the monetary limit for filing appeals to Rs. 20,00,000/-, the pending appeals with a tax effect below this limit are to be treated as withdrawn.

The Tribunal held that in view of the CBDT circular revising the monetary limit for filing appeals to Rs. 20,00,000/-, and clarifying that pending appeals below this limit are treated as withdrawn, the appeals filed by the Revenue should be dismissed.

The Tribunal held that in view of the CBDT circular revising the monetary limit for filing appeals to Rs. 20,00,000/-, and considering that the tax effect in all pending appeals is below this limit, the appeals filed by the Revenue are to be treated as withdrawn and dismissed.

The Tribunal held that in view of the CBDT circular revising the monetary limit for filing appeals by the department to Rs. 20,00,000/-, and clarifying that pending appeals with a tax effect below this limit are treated as withdrawn, the appeals should be dismissed.

The Tribunal dismissed the Revenue's appeals as the tax effect was below the revised monetary limit for filing appeals. The assessee's appeal was also dismissed as it was not pressed.

The Tribunal held that Section 194A(3)(v) provides a blanket exemption for interest paid by cooperative societies to their members, without differentiating based on whether they conduct banking business. It also found the non-submission of Forms 15G/15H to the specific CIT(TDS) to be a technical breach, not warranting the levy of demand.

The Tribunal held that Section 194A(3)(v) provides a blanket exemption for interest paid by cooperative societies to their members, without differentiating based on whether they conduct banking business. It also found the non-submission of Forms 15G/15H to the specific CIT(TDS) to be a technical breach, not warranting the levy of demand.

The Tribunal held that Section 194A(3)(v) provides a blanket exemption for interest paid by cooperative societies to their members, without differentiating based on whether they conduct banking business. It also found the non-submission of Forms 15G/15H to the specific CIT(TDS) to be a technical breach, not warranting the levy of demand.

The Tribunal held that Section 194A(3)(v) provides a blanket exemption for interest paid by cooperative societies to their members, without differentiating based on whether they conduct banking business. It also found the non-submission of Forms 15G/15H to the specific CIT(TDS) to be a technical breach, not warranting the levy of demand.

The Tribunal dismissed the Revenue's appeals as the tax effect was below the revised monetary limit for filing appeals as per CBDT Circular No. 03 of 2018. The assessee's appeal was dismissed as withdrawn.

The Tribunal held that the penalty proceedings initiated for assessment years 2004-05 and 2002-03 were barred by limitation. The earlier deletion by the ITAT did not grant the AO the liberty to initiate penalty proceedings for the correct assessment years beyond the prescribed time limits.

The Tribunal held that Section 194A(3)(v) provides a blanket exemption for interest paid by cooperative societies to their members, without differentiating based on whether they conduct banking business. It also found the non-submission of Forms 15G/15H to the specific CIT(TDS) to be a technical breach, not warranting the levy of demand.

The Tribunal held that the penalty proceedings initiated for assessment years 2004-05 and 2002-03 were barred by limitation. The earlier deletion by the ITAT did not grant the AO the liberty to initiate penalty proceedings for the correct assessment years beyond the prescribed time limits.

The Tribunal restored the issue to the Assessing Officer for re-examination of the Section 54F claim. The AO was directed to decide the claim on merits after providing an opportunity to the assessee, despite the incorrect section mentioned initially.

The Tribunal restored the penalty issue to the Assessing Officer for fresh adjudication. This was done because the quantum addition itself had been significantly reduced and remitted back to the Assessing Officer.

The Tribunal held that Section 194A(3)(v) provides a blanket exemption for interest paid by cooperative societies to their members, without differentiating based on whether they conduct banking business. It also found the non-submission of Forms 15G/15H to the specific CIT(TDS) to be a technical breach, not warranting the levy of demand.

The Tribunal held that Section 194A(3)(v) provides a blanket exemption for interest paid by cooperative societies to their members, without differentiating based on whether they conduct banking business. It also found the non-submission of Forms 15G/15H to the specific CIT(TDS) to be a technical breach, not warranting the levy of demand.

The Tribunal held that Section 194A(3)(v) provides a blanket exemption for interest paid by cooperative societies to their members, without differentiating based on whether they conduct banking business. It also found the non-submission of Forms 15G/15H to the specific CIT(TDS) to be a technical breach, not warranting the levy of demand.

The Tribunal held that Section 194A(3)(v) provides a blanket exemption for interest paid by cooperative societies to their members, without differentiating based on whether they conduct banking business. It also found the non-submission of Forms 15G/15H to the specific CIT(TDS) to be a technical breach, not warranting the levy of demand.

The Tribunal held that Section 194A(3)(v) provides a blanket exemption for interest paid by cooperative societies to their members, without differentiating based on whether they conduct banking business. It also found the non-submission of Forms 15G/15H to the specific CIT(TDS) to be a technical breach, not warranting the levy of demand.

The Tribunal followed previous judicial pronouncements, including a High Court decision, which allowed the deduction for the assessee. The Revenue failed to present any distinguishing decisions.

The Tribunal held that Section 194A(3)(v) provides a blanket exemption for interest paid by cooperative societies to their members, without differentiating based on whether they conduct banking business. It also found the non-submission of Forms 15G/15H to the specific CIT(TDS) to be a technical breach, not warranting the levy of demand.

The Tribunal held that the penalty notice was vague as it did not specify under which limb of Section 271(1)(c) the proceedings were initiated. Relying on the Supreme Court decision in CIT vs. SSA' Emerald Meadows, the Tribunal quashed the penalty.