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66 orders · Page 2 of 2
The Tribunal condoned the delay in filing the appeals, finding the reasons to be sufficient cause and not deliberate. The Tribunal held that the rejection of applications by the CIT(E) on technical grounds without proper opportunity to rectify the defects was not justified. The matter was remitted back to the CIT(E) for adjudication on merits.
The Tribunal condoned the delay in filing the appeal. It was held that the orders of the lower authorities were not based on merits and violated principles of natural justice due to the assessee's inability to participate. Therefore, the case was set aside and remanded.
The Tribunal condoned the delay in filing the appeals, finding the reasons to be sufficient cause and not deliberate. The Tribunal held that the rejection of applications by the CIT(E) on technical grounds without proper opportunity to rectify the defects was not justified. The matter was remitted back to the CIT(E) for adjudication on merits.
The Tribunal held that the impugned order was not sustainable as the lenders, M/s Jayant Securities & Finance Ltd and M/s Jay-Jyoti India Pvt. Ltd., had been consistently held by the ITAT Indore Bench in previous cases to be genuine companies not involved in providing accommodation entries. Following these precedents, the Tribunal set aside the CIT(A)'s order.
The Tribunal held that the assessee had already offered the gross profit on these purchases in its audited accounts. Therefore, it directed the AO to provide credit for the gross profit already declared by the assessee.
The Tribunal agreed with the assessee's limited prayer that credit for the gross profit already declared in their books should be given. The CIT(A) had applied a 8% GP rate without considering the GP already offered by the assessee.
The Tribunal held that the provisions of Section 40A(3) are attracted to all business transactions involving cash payments beyond the prescribed limit. The assessee failed to demonstrate business exigency or fulfill conditions under Rule 6DD for exceptions. The argument that the land was closing stock was also rejected as the purchase was debited to the Profit and Loss account.
The Tribunal held that the penalty imposed under Section 271(1)(c) is not sustainable. The reasoning is that the addition of Rs. 48,80,382/- was made by treating advances received for future vehicle servicing contracts as revenue receipts of the current year. The Tribunal noted that a co-ordinate bench of the ITAT, in the assessee's own case for Assessment Year 2010-11 (ITA No. 415/Ind/2015), had accepted the assessee's treatment of such advances as liabilities and deleted the quantum addition. Although the quantum appeal for the current assessment year was dismissed on technical grounds, the Tribunal found that the quantum addition itself was not sustainable based on the co-ordinate bench's decision. Consequently, if the quantum addition is not sustainable, the basis for invoking Section 271(1)(c) for concealing particulars of income or furnishing inaccurate particulars is absent. Therefore, the penalty was deleted. The assessee's appeal was allowed.
The Tribunal held that the impugned order passed by the learned CIT(E) was in violation of the principles of natural justice. The CIT(E) ought to have provided at least one or two more opportunities to the assessee to answer all queries, but instead, only one more opportunity was given via the letter dated 18.11.2024, and the impugned order was passed on 26.11.2024. The Tribunal disagreed with the CIT(E)'s opinion that personal hearing was not required and submissions could be made through electronic modes. It was held that it is incumbent upon the CIT(E) to afford an opportunity of personal hearing, and it is up to the assessee to avail it. The Tribunal concluded that denying an opportunity of hearing, even through video conference, was erroneous. Therefore, the Tribunal set aside the impugned order and remanded the case back to the file of the CIT(E) for de novo adjudication, with a direction to provide a reasonable opportunity to the assessee to present their case effectively, including an opportunity for personal hearing. The assessee was directed to cooperate and not seek unnecessary adjournments. The appeal was allowed for statistical purposes.
The Tribunal condoned the delay, finding a "sufficient cause" based on the medical conditions of the assessee and his counsel, and following the principles laid down by the Supreme Court. The matter was remanded to the AO for fresh adjudication.
The Tribunal, following a previous order concerning the same assessee for different assessment years, held that the assessee was engaged in the activity of developing and building housing projects and was entitled to the deduction under Section 80-IB(10).
The Tribunal held that the assessee was not given adequate opportunity to present their case due to short notice periods and the assessee's lack of technical proficiency and rural background. The Tribunal also noted that the revenue did not effectively rebut the assessee's contentions.
The Tribunal held that the impugned order did not examine the merits of the case and the assessment order was made under Section 144 of the Act. The Tribunal set aside the impugned order and remanded the case back to the Assessing Officer for fresh adjudication.
The Tribunal held that the assessee's application for condonation of delay is rejected, and consequently, the appeal is dismissed as time-barred. The Tribunal referred to various Supreme Court judgments, including Manindra Land and Building Corpn. Ltd. v. Bhutnath Banerjee, Mata Din v. A. Narayanan, Parimal v. Veena, and Maniben Devraj Shah v. Municipal Corpn. of Brihan Mumbai, which emphasize that the discretion to condone delay must be exercised judiciously and that 'sufficient cause' requires the party not to have acted negligently or with a want of bona fide. The Tribunal also cited Ajay Dabre Vs. Pyare Ram, which highlighted that if a party is found to be negligent or has not acted diligently, there cannot be a justified ground to condone the delay, and condoning such delay without justification amounts to a violation of statutory provisions. The Tribunal found the assessee's explanation for the delay of over 7 years to be insufficient and characterized their attitude as callous and lackadaisical, referencing the principle that courts help those who are vigilant. The Tribunal agreed with the Revenue's submission that the assessee does not deserve sympathy due to the "whopping delay". The Tribunal also noted that the facts of the assessee's case were similar to a previous decision in C.I. Builders (supra) and agreed with the Revenue's pleading that the case should be governed by that pre-existing view.
The Tribunal condoned the delay, holding that the assessee had shown sufficient cause due to medical grounds and lack of proper notice. The Tribunal found that the impugned order did not examine the merits of the case and was passed in violation of natural justice principles.
The Tribunal condoned the delay, holding that the assessee had shown sufficient cause due to medical grounds and lack of proper notice. The Tribunal found that the impugned order did not examine the merits of the case and was passed in violation of natural justice principles.