ITAT Guwahati Judgments — August 2022

The Tribunal held that the electricity duty was not claimed as an expense in the Profit and Loss account, therefore, Section 43B was not applicable for disallowance. Regarding the interest on security deposits, the Tribunal found that the assessee had made reasonable efforts to collect details and had deducted TDS on a portion of the interest. The disallowance under Section 40(a)(ia) was therefore not warranted for the remaining amount.

The Tribunal confirmed the disallowance of depreciation, agreeing that the assessee failed to provide evidence of manufacturing activity or a genuine attempt to restart the business. The company had admitted to shifting to trading in agricultural products due to losses.

The Tribunal condoned the delay in filing the appeal before the CIT(A) and restored all issues to the CIT(A) for fresh adjudication on merits. The CIT(A) was directed to pass a speaking order after giving the assessee a reasonable opportunity of being heard.

The Tribunal restored the appeal to the file of the CIT(A) for fresh adjudication. The CIT(A) was directed to examine the issues after providing the assessee with an opportunity to furnish necessary details.

The Tribunal held that since the revisionary orders under Section 263 were previously quashed by the Tribunal, all subsequent assessment proceedings and appeals stemming from them become infructuous. Therefore, the Revenue's appeals were dismissed.

The Tribunal held that since the revisionary orders under Section 263 were previously quashed by the Tribunal, all subsequent assessment proceedings and appeals stemming from them become infructuous. Therefore, the Revenue's appeals were dismissed.

The Tribunal restored all issues to the CIT(A) for fresh adjudication. The CIT(A) was directed to pass a speaking order after considering the assessee's submissions and documents, providing adequate opportunity.