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113 orders · Page 3 of 3
The Tribunal held that the delay in filing Form-67 is a procedural lapse and should not deny the substantive relief of FTC. The limitation under Rule 128(9) is directory, not mandatory.
The Tribunal held that CSR provisions are not applicable to individuals, and the donation to RR Charitable Trust is not eligible for deduction under Section 80G as the trust was not registered for AY 2019-20. The assessee also failed to prove the nexus for allowance as business expenditure under Section 37(1). The disallowance of employee PF contribution was upheld based on Supreme Court and High Court decisions.
The Tribunal condoned the delay, acknowledging the assessee's submission of misplaced papers and the receipt of penalty proceedings notice. The Tribunal observed that the assessee's income declared in preceding and current years could be the source of the cash deposit.
The Tribunal held that the assessment order was erroneous and prejudicial to the interest of the revenue because the Assessing Officer failed to examine the purchase of an immovable property that was reflected in the assessee's PAN account. The revisionary order passed by the Principal Commissioner was upheld.
The Tribunal condoned the delay in filing the appeal, finding sufficient cause. It held that the original assessment order was erroneous and prejudicial to the revenue as the Assessing Officer failed to consider direct and indirect income, thus upholding the PCIT's revisionary powers.
The Tribunal held that the reasons provided by the assessee for the inordinate delay were vague, general, and did not demonstrate a 'sufficient and reasonable cause' beyond their control. The Tribunal noted the assessee's negligent conduct in previous proceedings as well.
The Tribunal found contradictory observations in the CIT(A)'s order regarding the filing and verification of Form 10DA. Since the disallowance was made by the CPC without detailed examination, the matter was remanded to the Assessing Officer for fresh adjudication.
The Tribunal found that the CIT(A) had summarily approved the AO's order without adjudicating the specific grounds of appeal raised by the assessee. Therefore, the matter was restored to the AO for fresh adjudication.
The Tribunal found that the assessee had provided all relevant details and reconciliations to the Assessing Officer, who was satisfied with the explanation. The Pr. CIT's assumption of jurisdiction under Section 263 was deemed arbitrary and unjustified.
The Tribunal decided the issues as follows: 1. **Condonation of Delay:** The Tribunal condoned the delay of 159 days in filing the appeal. It found the reasons explained by the assessee, corroborated by the Chartered Accountant's affidavit, to be sufficient in the facts and circumstances and in the interest of justice. The delay was attributed to the change of login credentials on the income tax portal and the assessee's lack of knowledge in operating mail IDs. 2. **Section 50C Addition:** The Tribunal noted that the assessee's arguments regarding the agricultural nature of the land and the applicability of Section 50C were made before the Assessing Officer. However, the judgment excerpt indicates that the discussion on this ground was incomplete, with the revenue's arguments starting and the rest of the judgment being omitted. Therefore, the Tribunal's finding on this specific issue is not fully recorded in the provided text. 3. **Cash Deposits (Section 69A):** The Tribunal upheld the addition of Rs. 25,29,300/-. It noted that the assessee did not participate before the CIT(A) and failed to produce documentary evidence before the Tribunal to show that the wife had earned agricultural income and that these deposits were from such income. In the absence of documentary evidence, the Tribunal found no reason to interfere with the orders of the authorities below. 4. **Other Credits (Section 69A):** The Tribunal upheld the addition of Rs. 1,61,227/-. It observed that the assessee could not explain or reconcile these transactions during assessment proceedings and failed to furnish any details or explanations before the Tribunal. The Assessing Officer's observation that the assessee failed to substantiate the sources of these credits was noted. Therefore, the Tribunal found no error or illegality in the Assessing Officer's order on this issue and upheld it. Operative Directions: The appeal of the assessee was dismissed.
The Tribunal held that the reasons provided by the assessee for the inordinate delay were vague, general, and did not demonstrate a 'sufficient and reasonable cause' beyond their control. The Tribunal noted the assessee's negligent conduct in previous proceedings as well.
The Tribunal held that the assessee, being a non-resident, is only taxable on income received or accrued in India. The remittance of one's own money earned abroad and taxed there cannot be treated as income in India without contrary material. The Tribunal found the assessee's explanation of cash withdrawals and subsequent redeposits to be sufficiently explained and not dislodged by the Revenue.
The Tribunal held that the assessee's explanation for not disallowing the labour cess was bonafide and tax-neutral, as it only reduced the loss without increasing tax liability. Therefore, the penalty under Section 270A(9) was not leviable.