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1,426 orders · Page 22 of 29
The Tribunal noted the assessee's non-cooperation but, in the interest of natural justice, remanded the matter back to the CIT(A) for a fresh adjudication. The assessee was directed to be diligent and cooperative.
The Tribunal found that the CIT(A) allowed the assessee's appeal on most additions without proper investigation, simply accepting the assessee's submissions. Therefore, the matter was remanded back to the CIT(A) for thorough investigation.
The Tribunal found that the CIT(A) had passed a speaking order considering various judicial pronouncements. Therefore, the Tribunal decided not to disturb the CIT(A)'s findings.
The Tribunal found that the CIT(A) had not decided the issue on merits and had dismissed the appeal due to procedural issues. The Tribunal granted the assessee one more opportunity to present her case.
The Tribunal found that the CIT(A) had not decided the issue on merits and had dismissed the appeal due to procedural issues. The Tribunal granted the assessee one more opportunity to present her case.
The Tribunal held that the assessee had provided sufficient documentary evidence, including quantitative stock records, VAT returns, and sales invoices, which established the genuineness of the cash sales. The Tribunal found that suspicion alone, without overriding documentary evidence, could not be the basis for disallowing the claim.
The Tribunal condoned the delay in filing the appeal due to sufficient cause. The Tribunal further remanded the case back to the CIT(A) to decide the issues de novo, directing the assessee to cooperate and produce evidence.
The Tribunal found that the CIT(A) did not decide the issue on merits and had dismissed the appeal due to procedural issues. The Tribunal decided to grant the assessee one more opportunity to present her case.
The Tribunal held that reopening the assessment based on the same material already considered during the original assessment constitutes a mere change of opinion. Therefore, the notice issued under Section 148 and the consequent reassessment proceedings under Section 147 were quashed.
The Tribunal held that the notice under Section 148 was invalid because the Assessing Officer failed to obtain prior approval from the competent authority as mandated by Section 151 of the Act, especially since the proceedings were initiated after three years from the end of the relevant assessment year.
The Tribunal partly allowed the appeal for AY 2013-14, directing verification of bonus provision for double taxation and allowing deletion of disallowances for standard assets and income tax provisions. For AY 2014-15, it allowed set-off of unabsorbed depreciation, deleted disallowances for bonus and ex-gratia payments, and allowed deletion of provision for standard assets.
The Tribunal held that the assessee was not eligible for the Section 54F deduction. The reasoning was that the two properties, Plot F-8 and F-9, Sector 44, Noida, were treated as separate residential houses throughout the purchase process, evidenced by separate registered purchase deeds. The amalgamation of these properties occurred only on April 13, 2023, which was subsequent to the purchase deeds. The Tribunal found that the assessee's amalgamation application being accepted by the municipality/corporation after the purchase deeds further supported the view that these were initially separate properties. The Tribunal distinguished the present case from judicial precedents cited by the assessee, stating that those cases involved various units forming a single residential house or different floors in the same building, unlike the current situation of two distinct houses. The Tribunal also noted that the vendor for one plot was an individual and for the other, a company, which are different legal entities. Therefore, the Tribunal restored the Assessing Officer's disallowance of the Section 54F deduction. The Tribunal did not expressly leave any issue undecided.
The Tribunal partly allowed the appeal for AY 2013-14, directing verification of bonus provision for double taxation and allowing deletion of disallowances for standard assets and income tax provisions. For AY 2014-15, it allowed set-off of unabsorbed depreciation, deleted disallowances for bonus and ex-gratia payments, and allowed deletion of provision for standard assets.
The Tribunal held that filing of Form 10B is a procedural requirement and should be accepted if filed before the expiry of the limitation period for assessment. The delay was condoned.
The Tribunal held that the assessee's profession as a YouTube content creator does not fall under the specified professions listed in Section 44ADA. Therefore, the income should not be assessed under this section.
The Tribunal set aside the ex-parte order of the CIT(A) and restored the appeal to the CIT(A). The CIT(A) was directed to decide the appeal on merits after providing a reasonable opportunity to the assessee to make submissions.
The Tribunal found that communication gaps could not be ruled out and, in the interest of justice, restored the appeals back to the CIT(A) for fresh adjudication. The assessee was granted three effective opportunities of hearing.
The Tribunal found that communication gaps could not be ruled out and, in the interest of justice, restored the appeals back to the CIT(A) for fresh adjudication. The assessee was granted three effective opportunities of hearing.
The Tribunal found that communication gaps could not be ruled out and, in the interest of justice, restored the appeals back to the CIT(A) for fresh adjudication. The assessee was granted three effective opportunities of hearing.
The Tribunal acknowledged the possibility of communication gaps with the new virtual hearing mechanism. It was deemed appropriate to restore the appeal to the CIT(A) for fresh adjudication.
The Tribunal held that the additional evidence filed by the assessee was crucial and should have been admitted by the CIT(A). Following High Court judgments, the Tribunal admitted the evidence and remitted the matter back to the Assessing Officer for re-examination.
The Tribunal restored the appeals to the CIT(A) for fresh adjudication, allowing the assessee three effective opportunities to plead and prove their case. This was done in the larger interest of justice.
The Tribunal restored the appeals to the CIT(A) for fresh adjudication, allowing the assessee three effective opportunities to plead and prove their case. This was done in the larger interest of justice.
In IT(SS)A No. 417/Del/2004, the Tribunal held that the Revenue's appeal is not maintainable. The Tribunal rejected the Revenue's argument that the remand by the Tribunal constituted a "mandated by a cross-direction" exception to the monetary limit prescribed by CBDT Circulars 5 & 9 of 2024. The Tribunal found that the tax effect involved was less than the prescribed Rs. 60 lakhs and accordingly dismissed the appeal. For IT(SS)A No. 126/Del/2005, the Tribunal restored the appeal back to the Assessing Officer for a fresh re-examination of the entire issues concerning investments made in bank FDRs, etc. The Tribunal noted that both parties reiterated their stands and that a fresh adjudication of genuineness and creditworthiness was required to meet the larger interest of justice and comply with the High Court's remand directions. The assessee was given three effective opportunities to plead and prove the case. The appeal was allowed for statistical purposes.
The Tribunal found that communication gaps could not be ruled out and, in the interest of justice, restored the appeals back to the CIT(A) for fresh adjudication. The assessee was granted three effective opportunities of hearing.
The Tribunal held that the reassessment proceedings under Section 148 were invalid as they were not based on any incriminating material found during the search, but solely on the assessee's return and a deeming provision. The addition made by the AO was therefore not sustainable.
The Tribunal held that the AO's failure to dispose of the assessee's objections by passing a speaking order before proceeding with the reassessment is a fatal legal and procedural error. Consequently, the reassessment proceedings and the assessment order are void ab initio.
The Tribunal acknowledged the possibility of communication gaps and, in the interest of justice, restored the appeal back to the Assessing Officer for fresh adjudication. The assessee was granted three effective opportunities for hearing.
The Tribunal held that after considering standard deduction and tax rebate, the salary paid to most employees did not exceed the taxable threshold. Therefore, TDS was not mandatory.
The Tribunal condoned the delay in filing the appeal due to sufficient cause. It set aside the orders of the lower authorities and remitted the matter back to the Assessing Officer for fresh adjudication after providing an opportunity of being heard to the assessee.
The Tribunal, while acknowledging the assessee's failure to provide details, granted one more opportunity in the interest of natural justice. The issue was remitted back to the CIT(E) for fresh adjudication.
The Tribunal upheld the CIT(A)'s decision. Regarding the addition of Rs. 80 lakh (part of Rs. 95 lakh) under section 69C, the Tribunal noted that these amounts pertained to FYs 2011-12 and 2012-13 and were not rebutted by the Revenue. The CIT(A)'s finding regarding sales made on the NSEL platform also remained unrebutted. Similarly, concerning the addition of Rs. 2.10 crore as cash credit and Rs. 89 lakh as debits in the bank account, the Tribunal found no infirmity in the CIT(A)'s order. The CIT(A) had deleted additions by finding that payments for NSEL purchases pertained to earlier years, sales on NSEL were explained, credit entries in the bank account were explained by sale of property, inheritance, rental income, and loan repayment, and debit entries were in the nature of double taxation. The Tribunal found no reason to interfere with the CIT(A)'s decision and deleted the additions made by the AO. The appeal of the Revenue was dismissed.
The Tribunal found merit in the assessee's argument that a truck was leased to his son, and related expenses were accepted. Consequently, the addition was reduced to a lump sum of Rs. 1 lakh, providing relief to the assessee.
The Tribunal found that the reassessment proceedings were initiated after a period of 6 years from the assessment year and did not involve an addition exceeding Rs. 50 lacs, making it unsustainable in law as per Section 149(1)(b) of the Act and the precedent in Naresh Balchandrao Shinde vs. ITO.
The Tribunal found the CIT(A)'s order to be cryptic and lacking in detailed reasoning. Therefore, the Tribunal set aside the CIT(A)'s order and remitted the issue back for a speaking order.
In IT(SS)A No. 417/Del/2004, the Tribunal held that the Revenue's appeal is not maintainable. The Tribunal rejected the Revenue's argument that the remand by the Tribunal constituted a "mandated by a cross-direction" exception to the monetary limit prescribed by CBDT Circulars 5 & 9 of 2024. The Tribunal found that the tax effect involved was less than the prescribed Rs. 60 lakhs and accordingly dismissed the appeal. For IT(SS)A No. 126/Del/2005, the Tribunal restored the appeal back to the Assessing Officer for a fresh re-examination of the entire issues concerning investments made in bank FDRs, etc. The Tribunal noted that both parties reiterated their stands and that a fresh adjudication of genuineness and creditworthiness was required to meet the larger interest of justice and comply with the High Court's remand directions. The assessee was given three effective opportunities to plead and prove the case. The appeal was allowed for statistical purposes.
The Tribunal restored the matter back to the CIT(E) for fresh adjudication, allowing the assessee a reasonable opportunity to present documentary evidence to establish the genuineness of its charitable activities.
The Tribunal held that the failure of the Assessing Officer to explicitly state that the seized material had a bearing on the assessee's income determination is fatal to the validity of the proceedings. Therefore, the assessment under Section 153C was quashed.
The Tribunal held that since the additions made under Section 153C, which formed the basis for the penalty, were already deleted by a coordinate bench, the penalty levied under Section 271AAC(1) is also deleted.
The Tribunal held that the addition under section 56(2)(x) was made without referring the matter to the Departmental Valuation Officer (DVO), which is mandatory. Therefore, this issue was restored to the Assessing Officer for fresh adjudication after referring to the DVO.
The tribunal held that the assessment was framed contrary to the CBDT's circular no. 1 of 2011. Therefore, the impugned assessment was quashed.
The Tribunal condoned the delay in filing the appeal before the CIT(A)/NFAC, emphasizing that technicalities should not impede substantial justice. The appeal was restored to the CIT(A)/NFAC for fresh adjudication.
The Tribunal held that the lower authorities erred in levying the penalty. It was noted that the Assessing Officer's satisfaction note indicated the amounts were cash payments covered under Section 269S or 269T, not business transactions attracting Section 269ST or Section 271DA.
The Tribunal held that the interest received under Section 28 of the Land Acquisition Act is an accretion to the value and part of the enhanced compensation, not taxable as income from other sources. The decision in CIT vs. Ghanshyam HUF was affirmed.
The Tribunal held that the delay in filing Form 10B was procedural and not attributable to the assessee, and therefore, it should not jeopardize the assessee's entitlement to exemption under Section 11. The filing of Form 10B was considered directory, not mandatory for claiming exemption.
The Tribunal condoned the delay and restored the appeal to the CIT(A) for fresh adjudication. This was done in the interest of justice, acknowledging potential communication gaps when an assessee proceeds ex-parte.
The Tribunal held that the interest component of land acquisition compensation under Section 28 of the Land Acquisition Act is an integral part of enhanced compensation and exempt under Section 10(37) of the Income Tax Act. The Tribunal followed its previous decision in Pawan Kumar vs. PCIT.
The Tribunal held that the reassessment proceedings were invalid because the approval for initiating the proceedings was not obtained from the prescribed authority under Section 151 of the Act. This failure vitiated the entire reopening process.
The tribunal set aside the orders of the CIT(E) and remanded the matters back for fresh adjudication. The assessee was granted a further opportunity to represent its case effectively and present evidence.
The Tribunal found merit in the assessee's explanation as the Revenue did not rebut the factual position regarding the loan's receipt date. Consequently, the addition of Rs. 15 lakhs was deleted.