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176 orders · Page 1 of 4
The Tribunal held that the satisfaction note recorded by the Assessing Officer for initiating proceedings under Section 153C was illegal and illogical as the seized documents lacked crucial details linking them to the assessee. Consequently, the assessment orders were quashed.
The Tribunal held that the Assessing Officer's failure to dispose of the assessee's objections to the reopening of assessment by way of a speaking order renders the assessment proceedings invalid. This decision followed the Bombay High Court's view, which was considered favorable to the assessee in light of divergent High Court opinions.
The Tribunal held that the satisfaction note recorded by the Assessing Officer for initiating proceedings under Section 153C was illegal and illogical as the seized documents lacked crucial details linking them to the assessee. Consequently, the assessment orders were quashed.
The Tribunal held that the reassessment proceedings initiated by issuing a notice under Section 148 to a deceased person are invalid. The date of transfer for capital gains purposes should be considered as the date the sale deed was presented for registration, not the date of final registration.
The Tribunal noted that while revised Form 26AS and a rental agreement were submitted, conclusive evidence of property ownership by the Trust or proof that the Trust had offered the income in its return for the relevant year was still lacking. The matter was therefore remanded to the Assessing Officer with a direction to verify these facts, and if satisfied with the proof of Trust ownership or that the Trust offered the income, to delete the addition made in the assessee's hands.
The Tribunal condoned a 22-day delay in filing the appeal, finding a bona fide reason for the assessee's non-appearance before lower authorities due to alleged non-receipt of notices, which led to a violation of natural justice. The Tribunal set aside the CIT(A)'s order and remitted the matter back to the CIT(A) to provide the assessee a fresh opportunity of hearing, with the assessee directed to pay a nominal cost of Rs.5,000/- to the Prime Minister's Relief Fund for prior negligence.
The Tribunal condoned the delay in filing the appeal. It found merit in the assessee's argument that notices were not properly served and that the CIT(A) dismissed the appeal without sufficient opportunity. Therefore, the matter was set aside to the Assessing Officer for de novo consideration.
The Tribunal found the rejection by the CIT (Exemptions) arbitrary, noting that a newly formed trust would naturally not have commenced significant activities immediately. It also observed that the subsequent grant of Section 12AB registration by the same CIT (Exemptions) contradicted the rejection rationale. Consequently, the Tribunal set aside the impugned order and remanded the case back to the CIT (Exemptions) for fresh consideration after providing the assessee an opportunity of being heard.
The Tribunal held that the satisfaction note recorded by the Assessing Officer for initiating proceedings under Section 153C was illegal and illogical as the seized documents lacked crucial details linking them to the assessee. Consequently, the assessment orders were quashed.
The Tribunal observed that the CIT(E) rejected the application routinely without considering the assessee's explanations for the delay or the merits of the case. Acknowledging the confusion caused by frequent amendments to registration procedures and the assessee's claim of filing before provisional registration expiry, the Tribunal set aside the CIT(E)'s order. The matter was remanded for fresh consideration, directing the CIT(E) to evaluate both the condonation of delay and the merits of the application.
The Tribunal found that the assessee provided sufficient evidence of genuine subcontracting and tax payments, and no incriminating material was found to support the claim of accommodation entries. Furthermore, the assessment for AY 2019-20 was unabated on the date of search (as per Section 153C interpretation), thus additions without incriminating material were invalid. Therefore, the additions made by the AO towards estimated 1% commission were unsustainable.
The Tribunal held that the satisfaction note recorded by the Assessing Officer for initiating proceedings under Section 153C was illegal and illogical as the seized documents lacked crucial details linking them to the assessee. Consequently, the assessment orders were quashed.
The Tribunal held that the original agreement cum GPA lost legal force after the father's death, and the transfer was effected by the registered sale deed in 2010, making the entire consideration subject to LTCG. Applying the second proviso to Section 50C(1), the Tribunal directed the AO to recompute LTCG using the stamp duty valuation as of the agreement date (13/10/2008), with the LTCG to be divided among all 8 legal heirs. The Tribunal also ruled that the land was not agricultural as it was within municipal limits, dismissing the assessee's claim for exemption and the CIT(A)'s allowance for compensation due to lack of evidence.
The Tribunal held that the original agreement cum GPA lost legal force after the father's death, and the transfer was effected by the registered sale deed in 2010, making the entire consideration subject to LTCG. Applying the second proviso to Section 50C(1), the Tribunal directed the AO to recompute LTCG using the stamp duty valuation as of the agreement date (13/10/2008), with the LTCG to be divided among all 8 legal heirs. The Tribunal also ruled that the land was not agricultural as it was within municipal limits, dismissing the assessee's claim for exemption and the CIT(A)'s allowance for compensation due to lack of evidence.
The Tribunal held that FTC cannot be denied solely on the ground of delayed filing of Form-67, especially when filed with a revised return. The provisions of Double Taxation Avoidance Agreements (DTAA) override the Act and Rules, and the amended Rule 128(9) also provides for later filing.
The Tribunal held that given the nascent stage of e-assessment proceedings, the assessee's failure to respond to the SCN could be due to bonafide reasons. Therefore, the CIT(A) should have admitted the additional evidence.
The Tribunal found that the notices and order were indeed sent to an incorrect email, denying the assessee an effective opportunity of being heard, which violates principles of natural justice. Therefore, the matter was remanded back to the CIT(E) for fresh adjudication, with directions to provide the assessee a reasonable opportunity to present its case.
The Tribunal determined that the error was a technical mistake, not deliberate, and noted that the Revenue itself had granted provisional registration despite the incorrect code. Highlighting that procedural defects should not override substantive rights, especially for charitable institutions, the Tribunal set aside the CIT(E)'s rejection and remanded the case, directing the CIT(E) to allow the assessee to file a fresh application with the correct section code and decide on merits.
The Tribunal, considering that the assessee's grievance was addressed by a rectification order under Section 154, allowed the withdrawal of the appeal. Consequently, the appeal filed by the assessee was dismissed as withdrawn.
The Tribunal held that credit for TDS must be allowed in the hands of the persons whose income is assessed, even if the TDS was deducted in the name of another entity. The AO was directed to allow the credit of TDS in the hands of the respective partners.
The Tribunal held that the AO had validly assumed jurisdiction for reassessment proceedings. However, on merits, it was found that a part of the cash deposits was explained as business receipts from commission income earned as an agent/mediator.
The Tribunal held that the CIT(A) erred in not deciding the specific ground raised by the assessee regarding the validity of the AO's jurisdiction to issue notice under Section 148. The CIT(A) should have adjudicated this jurisdictional issue before setting aside the assessment.
The Tribunal held that the addition made by the AO was unsustainable as the seized documents did not directly connect to the assessee, and the third-party statement lacked corroborative evidence. The CIT(A)'s deletion of the addition was upheld.
The Tribunal held that the Principal CIT failed to provide conclusive findings that the Assessing Officer's view was unsustainable in law. Since the Assessing Officer had conducted an inquiry and taken a plausible view, the revision order under Section 263 was not sustainable.
The Tribunal condoned the delay in filing the appeal before the CIT(A) due to bona fide reasons and the negligence of the counsel. The matter was restored to the CIT(A) to consider the condonation application and decide the appeal on merits.
The Tribunal found that notices and the rejection order were indeed sent to a wrong email ID, violating principles of natural justice by denying the assessee an effective opportunity of being heard. The delay in filing the appeal was condoned, and the matter was remanded to the CIT(E) for fresh adjudication after providing the assessee a reasonable opportunity.
The Tribunal found the appeal infructuous because the issues raised, primarily concerning adjustments by CPC, were already covered by a prior Tribunal order for the same assessment year. That order had remanded similar adjustments to the AO for reconsideration in the context of the scrutiny assessment. Therefore, the AO was directed to consider these issues in the already remanded proceedings.
The Tribunal held that rejecting the application due to a technical and bona fide mistake in mentioning the sub-section code was not justified, especially given the assessee's history of Section 80G approval. The Tribunal set aside the CIT(E)'s order and remanded the matter back for reconsideration, instructing the assessee to file a rectified application.
Following its own precedent for the same assessee for A.Y. 2012-13 on an identical issue, the Tribunal set aside the CIT(A)'s order and remanded the matter back to the Assessing Officer. The AO is directed to re-adjudicate the issue, specifically verifying facts regarding the assessee's entitlement to claim deduction for amounts allegedly misappropriated by VAT consultants, after considering relevant details and records.
The Tribunal found ambiguity in the law regarding registration procedures for trusts. It observed that the assessee's application for permanent registration was filed at least six months before the expiry of its provisional registration. The CIT(E) rejected the application without considering the merits or documentary evidence. Consequently, the tribunal set aside the CIT(E)'s orders and remanded the issue for fresh consideration on merits, granting the assessee a new opportunity to be heard.
The Tribunal allowed the assessee's application for withdrawal of the appeal, noting no objection from the Ld.DR. The appeal was dismissed as withdrawn.
The Tribunal found ambiguity in the law regarding registration procedures for trusts. It observed that the assessee's application for permanent registration was filed at least six months before the expiry of its provisional registration. The CIT(E) rejected the application without considering the merits or documentary evidence. Consequently, the tribunal set aside the CIT(E)'s orders and remanded the issue for fresh consideration on merits, granting the assessee a new opportunity to be heard.
The Tribunal noted that the assessee's grounds of appeal pertained to the addition of unexplained money and undisclosed business receipts. The assessee claimed that the business receipts were already offered to tax and the cash deposits were explained by withdrawals, but this material was not placed before lower authorities.
The tribunal held that while the delay in filing was procedural and should not defeat substantive rights. It directed the assessee to approach the CBDT for condonation of delay under Section 119(2)(b), after which the CIT(Exemptions) is to dispose of the application for regular registration on merits after providing due opportunity of being heard.
The Tribunal focused solely on Ground No. 6 concerning the taxability of Rs. 18,08,973/- received as a superannuation fund upon cessation of employment. Noting that the assessee could not produce the crucial release agreement before the CIT(A), the Tribunal remanded the matter back to the CIT(A) for de novo adjudication of this specific ground, instructing the CIT(A) to grant the assessee a proper opportunity to furnish evidence and be heard.
The Tribunal observed that the CIT (Exemptions) rejected the application without properly considering the submitted records and without identifying specific defects. Consequently, the Tribunal set aside the CIT (Exemptions)'s order and remanded the matter back for fresh consideration after granting the assessee an appropriate opportunity of hearing.
The Tribunal acknowledged the assessee's claim of counsel's negligence and personal distress as a sufficient cause for not appearing before the CIT(A) and failing to submit supporting evidence. Thus, the Tribunal set aside the CIT(A)'s order and remanded the matter back to the CIT(A) to provide the assessee another opportunity of hearing to explain their case.
The Tribunal held that the transaction of allowing credit period for realization of sale proceeds to Associated Enterprises (AEs) should be considered along with the main international transaction. It directed the AO/TPO to re-do the exercise of determining the Arm's Length Price (ALP) by considering working capital adjustments and the cost of funds, rather than lending rates.
The Tribunal found that the assessee did not receive a proper opportunity of hearing before the CIT(A) because notices were sent to an incorrect email address. Given that the additions included various bank credits requiring verification, the Tribunal set aside the CIT(A)'s order and remitted the matter back to the Assessing Officer for a de novo assessment, directing that a fresh opportunity be given to the assessee.
The Tribunal noted the delays in filing the appeals, which were attributed to reasons such as the COVID-19 pandemic and administrative issues. Citing principles laid down by the Hon'ble Supreme Court, the Tribunal condoned the delays for all three appeals.
The Tribunal noted the delays in filing the appeals, which were attributed to reasons such as the COVID-19 pandemic and administrative issues. Citing principles laid down by the Hon'ble Supreme Court, the Tribunal condoned the delays for all three appeals.
The Tribunal held that once evidence of bank withdrawals is furnished, the purpose cannot be questioned. It noted that the AO accepted current year withdrawals but ignored previous year withdrawals which contributed to the opening cash balance. Finding that the assessee had sufficient funds, the Tribunal directed the deletion of the Rs. 6.40 lakhs addition.
The Tribunal noted the delays in filing the appeals, which were attributed to reasons such as the COVID-19 pandemic and administrative issues. Citing principles laid down by the Hon'ble Supreme Court, the Tribunal condoned the delays for all three appeals.
The Tribunal held that since the assessment year was completed and the excel sheets did not contain any incriminating material or undisclosed income, the additions made were not sustainable. The prior scrutiny assessment had already considered the cash expenditures.
The Tribunal determined that the omission in ITR-6 was a curable clerical error, especially since Form 10-IC clearly indicated the Section 115BAA option and was filed within the extended time. It held that the CBDT Circular's purpose for substantive relief should be interpreted liberally, not defeated by a technical defect when other material conditions were satisfied. The disallowance was deemed unsustainable, and the AO was directed to allow the Section 115BAA benefit.
The Tribunal held that the CIT(A) erred in quashing the entire assessment. Additions related to cash deposits, which were the original subject of limited scrutiny, remained valid. However, additions concerning interest income on savings and fixed deposits, being outside the initial scope of limited scrutiny and made without a fresh show-cause notice after conversion, were not sustainable. The matter was remanded to the CIT(A) to adjudicate the issue of cash deposit additions on merits.
The tribunal dismissed the appeal regarding the PF contribution as it was voluntarily withdrawn by the assessee. It partly allowed the appeal concerning unsecured loans, deleting the addition of Rs. 5 lakhs (from 50 employees) out of Rs. 15 lakhs, while confirming the remaining Rs. 10 lakhs. The tribunal allowed the appeal for the donation of Rs. 16,500 under Section 80G, accepting the assessee's explanation for non-production of receipts due to records being seized from the temple.
The Tribunal held that the disallowance for IND AS-109 adjustment was due to incorrect reporting in the ITR and restored the issue to the AO for verification. For the pension and gratuity contribution, the Tribunal found evidence of timely payment and directed the AO to delete the addition.
The Tribunal found that the CIT(A) erred by dismissing the assessee's appeal for non-prosecution without considering the merits, contrary to established legal principles. Therefore, the Tribunal set aside the CIT(A)'s order and remanded the matter back to the Assessing Officer for a de novo assessment, granting the assessee a fresh opportunity to present their case, albeit with a nominal cost for non-compliance.
The Tribunal set aside the CIT(A)'s ex-parte order, observing that the CIT(A) did not consider the merits or evidence claimed to be filed by the assessee. The matter is remanded back to the CIT(A) to re-consider the issue after providing a reasonable opportunity of being heard to the assessee.