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102 orders · Page 2 of 3
The CIT(A) deleted the addition made by the AO, finding that the transactions were carried out through banking channels and that the revenue had not sufficiently proved the accommodation entry nature of the transactions. The Tribunal is considering the revenue's appeal against this deletion.
The Tribunal noted that the assessee failed to avail of multiple opportunities granted by the CIT(A). However, in the interest of justice, a final opportunity is granted to the assessee to appear before the CIT(A) for a fresh decision.
The Tribunal condoned the delay in filing the appeal due to sufficient cause. It also held that salary earned outside India by a non-resident is not taxable in India, citing various judicial pronouncements.
The Tribunal held that the PCIT was not justified in observing that the AO had not verified the Rs. 11 lacs transaction. The AO had issued notices, sought responses and documents, and ultimately accepted the returned income, thus fulfilling the verification requirement. Regarding the Rs. 50 lacs transaction, the Tribunal noted that it pertained to AY 2014-15, and the Learned DR admitted this fact and that the assessment for AY 2014-15 was also re-opened and considered. The Tribunal found it unexplained how the PCIT, with knowledge of the AY 2014-15 assessment, exercised powers under Section 263 for AY 2013-14 concerning a transaction from AY 2014-15. The Tribunal reiterated that the AO cannot assume jurisdiction over other income discovered during reassessment proceedings under Section 147 without following the prescribed procedure, and consequently, the PCIT also lacks jurisdiction to direct assessment of such income. The ratio is that a PCIT cannot direct reassessment of income not forming the basis of the original reopening notice under Section 147, nor can it include income from a different assessment year in the revision proceedings of another assessment year without proper basis.
The Tribunal condoned the delay in filing the appeals, finding sufficient cause. It allowed the appellant to produce additional documents relevant to the adjudication of the issues, subject to a cost of Rs. 2,000/- per appeal to be deposited in the Prime Minister's National Relief Fund. The matters were then restored to the file of the Learned CIT(E) for fresh decision.
The Tribunal condoned the delay in filing the appeals, finding sufficient cause. It allowed the appellant to produce additional documents relevant to the adjudication of the issues, subject to a cost of Rs. 2,000/- per appeal to be deposited in the Prime Minister's National Relief Fund. The matters were then restored to the file of the Learned CIT(E) for fresh decision.
The Tribunal held that e-commerce platforms do not act as agents for the assessee, and the fees retained by them are for services rendered, not commission or brokerage attracting TDS under Section 194H. Therefore, the disallowance was not justified.
The Tribunal held that interest earned during the pre-operative period is a capital receipt to be reduced from the cost of the project, not taxable as income. It also followed previous High Court and ITAT decisions in favour of the assessee regarding surface rights amortization.
The Tribunal held that interest earned during the pre-operative period is a capital receipt to be reduced from the cost of the project, not taxable as income. It also followed previous High Court and ITAT decisions in favour of the assessee regarding surface rights amortization.
The Tribunal held that interest earned during the pre-operative period is a capital receipt to be reduced from the cost of the project, not taxable as income. It also followed previous High Court and ITAT decisions in favour of the assessee regarding surface rights amortization.
The Tribunal held that interest earned during the pre-operative period is a capital receipt to be reduced from the cost of the project, not taxable as income. It also followed previous High Court and ITAT decisions in favour of the assessee regarding surface rights amortization.
The Tribunal held that interest earned during the pre-operative period is a capital receipt to be reduced from the cost of the project, not taxable as income. It also followed previous High Court and ITAT decisions in favour of the assessee regarding surface rights amortization.
The Tribunal held that interest earned during the pre-operative period is a capital receipt to be reduced from the cost of the project, not taxable as income. It also followed previous High Court and ITAT decisions in favour of the assessee regarding surface rights amortization.
The Tribunal held that interest earned during the pre-operative period is a capital receipt to be reduced from the cost of the project and cannot be taxed as income from other sources. This decision was based on Supreme Court judgments in CIT vs. Bokaro Steels Ltd. and Challapalli Sugars Ltd. vs. CIT, and further supported by decisions in CIT vs. Karnataka Power Corporation Ltd. and CIT vs. Shree Rama Multi Tech Ltd. The Tribunal noted that the jurisdictional High Court, in the assessee's own case for AY 2012-13, had decided this issue in favour of the assessee, following the Supreme Court's reasoning. Consequently, the CIT(A)'s order was confirmed, and the Revenue's grounds related to this issue were dismissed. The Tribunal also stated that the appeals of the Revenue were fully dismissed and the appeals of the assessee were allowed for statistical purposes, referencing a detailed order. Specific findings on the Mines Closure Plan, surface rights, Section 234A interest, and CER expenses are not detailed in the provided excerpt, but the overall outcome indicates the assessee's appeals were allowed.
The appellate authority observed that the assessee's claim of not engaging in business activities and the subsequent non-filing of returns needed to be examined with evidence. The CIT(A)'s dismissal based solely on Section 249(4)(b) without considering the assessee's primary contention was found to be erroneous. The departmental representative had no objection to remanding the matter.
The Tribunal considered the grounds of appeal, including the challenge to the validity of the order and the addition made. The Tribunal found that the notice was issued within time and that the cost/improvement value claimed by the assessee was reasonable based on the construction and registration charges paid.
The Tribunal held that interest earned during the pre-operative period is a capital receipt to be reduced from the cost of the project, not taxable as income. It also followed previous High Court and ITAT decisions in favour of the assessee regarding surface rights amortization.
The Tribunal condoned the delay in filing the appeals before the CIT(A) considering the assessee is an illiterate housewife. However, the appeals are disposed of for statistical purposes, and the matter is remitted back to the CIT(A) for a decision on merits.
The Tribunal held that the AO had made sufficient inquiries and applied his mind to the facts. The PCIT's assumption of jurisdiction under Section 263 was found to be without merit as the twin conditions of the order being erroneous and prejudicial to revenue were not satisfied.
The Tribunal condoned the delay in filing the appeals before the CIT(A) considering the assessee is an illiterate housewife. However, the appeals are disposed of for statistical purposes, and the matter is remitted back to the CIT(A) for a decision on merits.
The Tribunal condoned the delay in filing the appeal before the CIT(A) considering the assessee's earnest efforts for rectification. The matter was restored to the AO for verification of the bonus payment and to pass a speaking order.
The Tribunal held that the PCIT had erred in assuming jurisdiction under Section 263 as the conditions for revision were not met. The assessment order was not found to be erroneous nor prejudicial to the interest of revenue. The PCIT's action was considered unjustified and arbitrary, as the AO had applied his mind and taken a plausible view based on the material on record.
The Tribunal held that when the cash balance as per the books of accounts is more than the physical cash found, no addition is required. The Tribunal noted that no specific query was made during the survey or assessment regarding cash kept elsewhere, and the assessee's explanation of keeping cash at home for safety was plausible.
The Tribunal condoned the delay of 142 days, citing sufficient cause as per Supreme Court precedent. While the CIT(A) dismissed the appeal for non-appearance, the Tribunal decided to restore the matter to the AO to provide the assessee with another opportunity to be heard, emphasizing the principle of natural justice.
The Tribunal allowed the appeals filed by the assessee. For ITA No. 1045/JPR/2024 (AY 2017-18), the Tribunal noted that grounds 4, 5, and 6 were similar to those in the lead case (ITA No. 540/JPR/2024) and decided that the ruling in the lead case would apply mutatis mutandis. Technical grounds (1, 2, 3) were not adjudicated as the appeal was considered on merits. Ground 7 (penalty) was deemed premature, and ground 8 (interest) was consequential. Ground 9 was general. Consequently, the appeal for AY 2017-18 was allowed. Similarly, for ITA No. 1044/JPR/2024 (AY 2016-17), grounds 4, 5, and 6 were found similar to the lead case, and the decision in the lead case was applied. Technical grounds (1, 2, 3) were not adjudicated. Ground 7 (penalty) was premature, and ground 8 (interest) was consequential. Ground 9 was general. The appeal for AY 2016-17 was also allowed. The judgment implies that the issues concerning additions under Section 68 and Section 145(3), as well as the procedural grounds, were decided in favour of the assessee in the lead case, leading to the allowance of these appeals. The specific reasoning for the lead case's decision on these grounds is not detailed in the provided excerpt but is the basis for allowing the other appeals.
The Tribunal noted that grounds related to additions under Section 68 and Section 145(3) were similar across appeals. For AY 2017-18, the appeal was allowed after considering the merits of the grounds. For AY 2016-17, similar grounds were also allowed. The technical grounds, penalty proceedings, and interest charges were not adjudicated on merits or were premature/consequential.
The Tribunal noted that grounds related to additions under Section 68 and Section 145(3) were similar across appeals. For AY 2017-18, the appeal was allowed after considering the merits of the grounds. For AY 2016-17, similar grounds were also allowed. The technical grounds, penalty proceedings, and interest charges were not adjudicated on merits or were premature/consequential.
The Tribunal noted that the assessee had not submitted crucial documents like the trust deed, registration certificate under the Rajasthan Public Trust Act, and relevant financial vouchers. However, considering the assessee's willingness to pursue the matter and submission of some documents, the Tribunal decided to restore the case to the CIT(Exemption) for a fresh opportunity.
The Tribunal noted that the assessee failed to submit crucial documents like the Trust Deed and registration certificate under the Rajasthan Public Trust Act, along with financial details confirming the genuineness of its activities. However, considering the assessee's willingness to cooperate and furnish additional documents, the matter was restored to the CIT for a fresh hearing.
The Tribunal partly allowed the assessee's appeal by deleting the addition sustained by the CIT(A) on account of salary paid to Shri M.L. Kandoi. The Tribunal dismissed the Department's appeals, upholding the CIT(A)'s decision on various grounds, including salary, interest, and development fees.
The Tribunal held that the late filing of Form 10IE for the previous year should not debar the assessee from opting for the new tax regime in the subsequent year, especially when the system prevented a fresh upload. The assessee is allowed to avail the benefit of the new tax regime for AY 2023-24.
The Tribunal held that the assessee failed to prove the genuineness of the purchases, as per various High Court decisions. The issue of penalty imposition was considered, and the Tribunal confirmed the penalty order of the CIT(A) but with a modification. The penalty is to be levied on the revised figure of Rs. 4,55,926, not the original disallowance.
The Tribunal noted that the assessee failed to submit crucial documents like the Trust Deed and registration certificate under the Rajasthan Public Trust Act, along with financial details confirming the genuineness of its activities. However, considering the assessee's willingness to cooperate and furnish additional documents, the matter was restored to the CIT for a fresh hearing.
The Tribunal noted that the assessee's representative stated the trust is in the process of applying for registration under the Rajasthan Public Trust Act, 1959. Considering this, the Tribunal restored the matter to the file of the Ld. CIT(E) with a direction to decide the applications afresh once the assessee provides proof of registration under the RPT Act, 1959.
The tribunal noted that the CIT(E) had passed an ex-parte order without providing adequate opportunity to the assessee. The delay in filing the appeal by one day was condoned. The tribunal decided to restore the matter to the CIT(E) for fresh adjudication, allowing the assessee an opportunity to present their case.
The Tribunal held that the assessee was not given a proper opportunity to be heard before the CIT(A)/NFAC, violating the principles of natural justice. The report of the Inspector was also not confronted to the assessee, preventing them from controverting the findings.
The Tribunal observed that the CIT(E) did not discuss the issue of land valuation in detail, making it difficult to appreciate the legality of the order. Considering the assessee's request for another opportunity to present their case with supporting material, the Tribunal decided to remand the matter.
The Tribunal condoned the delay in filing the appeal before the CIT(A) and restored the matter to the file of the CIT(A) to decide the appeal afresh by providing one more opportunity of hearing. The assessee was cautioned against seeking frivolous adjournments.
The Tribunal noted that previous quantum proceedings related to this assessment year were remanded back to the Assessing Officer for fresh adjudication based on additional evidence. The Revenue did not object to disposing of this appeal for statistical purposes, granting liberty to the Assessing Officer to decide the issue afresh.
The Tribunal held that the Principal CIT erred in invoking Section 263 as the assessment order was not erroneous. The Tribunal found that the Principal CIT's premise for revision was faulty, as they focused on the opening balance of unsecured loans and interest thereon, while being satisfied with the loans taken during the year. The Tribunal also noted that each financial year is separate and should be discussed independently.
For the first appeal (ITA No. 1197/JP/2024), the Tribunal held that the assessee deserves another opportunity to produce documents to explain the cash deposit, and therefore, the matter is remanded back to the AO. For the second appeal (ITA No. 1198/JPR/2024), the Tribunal found that the penalty order lacked proper reasoning and hence allowed the appeal, setting aside the penalty.
The Tribunal held that the Assessing Officer was justified in disallowing the agriculture income claimed by the assessee due to lack of proper evidence. However, in the interest of justice, the matter was remanded to the Assessing Officer to provide the assessee with another opportunity to produce evidence regarding production, expenditure, sale, and income from agriculture.
The Tribunal held that the expenditure incurred by the assessee was not unexplained, as its source was identified as cash sales made out of books. Therefore, invoking Section 69C was incorrect, and the assessee had explained the source of cash sales offered in income.
The Tribunal condoned the delay in filing the appeal, noting that the reasons provided were meritous. The Tribunal found that the CIT(E) had passed an ex-parte order despite giving opportunities and that the assessee's earlier counsel could not adequately represent the case. Therefore, the matter was restored to the CIT(E) for a fresh decision on merits, with a direction to provide one more opportunity of hearing to the assessee.
The Tribunal held that the expenditure incurred by the assessee was not unexplained, as its source was identified as cash sales made out of books. Therefore, invoking Section 69C was incorrect, and the assessee had explained the source of cash sales offered in income.
The Tribunal condoned the delay in filing the appeal due to technical glitches. It also restored the matter to the CIT(E) for fresh adjudication, directing the CIT(E) to consider the assessee's submissions regarding the applicability of the Rajasthan Public Trust Act, 1959.
The Tribunal held that the expenditure incurred by the assessee was not unexplained, as its source was identified as cash sales made out of books. Therefore, invoking Section 69C was incorrect, and the assessee had explained the source of cash sales offered in income.
The Tribunal held that while the assessee was lethargic in pursuing the appeal and providing documents, it is important to decide the matter on merits. Therefore, the case is restored to the AO to provide one more opportunity for hearing.
The Tribunal condoned the delay in filing the appeal, acknowledging it was bonafide. While noting the assessee's lethargy, the Tribunal restored the matter to the AO for a fresh decision, providing one more opportunity for the assessee to present evidence.
The Tribunal noted that the assessee failed to appear for hearings despite multiple notices. The affidavit filed for condonation of delay lacked a verification clause and did not provide any sufficient cause for the delay. The Departmental Representative opposed the condonation.