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33 orders · Page 1 of 1
The Tribunal held that the Principal CIT lacked the jurisdiction to cancel the registration, as this power was vested with the CIT(Exemption). Furthermore, the Tribunal ruled that cancellation of registration cannot be made retrospective, as the relevant sections of the Act do not provide for such an effect.
The Tribunal held that the PCIT (Central) lacked the jurisdiction to cancel the registration, as this power is vested with the CIT (Exemption). Furthermore, the Tribunal ruled that cancellation of registration cannot be retrospective, as neither Section 12AA(3) nor Section 12AA(4) explicitly provides for it.
The Tribunal held that the cancellation of registration and approval was bad in law due to lack of adequate opportunity of being heard and retrospective invocation of provisions. The Tribunal also noted that the grounds for cancellation were based on assumptions and were subject to pending High Court proceedings.
The Tribunal allowed the appeal on Ground No. 2, stating that the assessee had produced relevant documents and discharged the primary burden, and the AO did not reject the books of account. For Ground No. 3, the Tribunal allowed the appeal, finding that the assessee had satisfactorily explained the source of cash deposits, including a loan from Khem Chand Khatri and savings from minor children.
The Tribunal held that the Pr. CIT erred in invoking Section 263 as the AO had conducted necessary inquiries for the limited scrutiny issues. The Pr. CIT cannot substitute his own view for that of the AO when the AO has taken a plausible view after due verification.
The Tribunal found that the assessee was not provided with adequate opportunity by the CIT(A). Therefore, the matter was restored to the AO for verification of revised computations and to provide relief in accordance with law.
The Tribunal held that the assessee had provided reasonable cause for non-compliance with the notices, as they were in the process of filing appeals against the assessment order. The penalty proceedings were therefore set aside.
The Tribunal noted that the assessee sought to raise certain legal grounds and decided to restore all issues to the file of the Assessing Officer for verification and fresh hearing. The assessee was to be provided with an adequate opportunity.
The Tribunal noted that the assessee sought to raise certain legal grounds and decided to restore all issues to the file of the Assessing Officer for verification and fresh hearing. The assessee was to be provided with an adequate opportunity.
The Tribunal set aside the CIT(A)'s order and restored the issues to the AO for fresh examination. This was done to allow the assessee to present its legal grounds and ensure adequate opportunity for verification.
The Tribunal, considering the assessee had prior registration and the non-appearance was due to reasons beyond control, restored the issue to the CIT(Exemption) for a fresh decision after providing an opportunity of being heard.
The Tribunal held that the assessee had provided reasonable cause for non-compliance with the notices, as they were in the process of filing appeals against the assessment order. The penalty proceedings were therefore set aside.
The Tribunal noted that the assessee sought to raise certain legal grounds and decided to restore all issues to the file of the Assessing Officer for verification and fresh hearing. The assessee was to be provided with an adequate opportunity.
The Tribunal, noting that the assessee did not appear before the lower authorities, decided to provide one more opportunity. The appeal was remanded back to the CIT(A) for a fresh examination of the case.
The Tribunal noted that the assessee had not appeared before the lower authorities. To provide an opportunity, the appeal was remanded back to the CIT(A) for fresh examination.
The Tribunal set aside the CIT(A)'s order and restored the issues to the AO for fresh examination. This was done to allow the assessee to present its legal grounds and ensure adequate opportunity for verification.
The Tribunal found the CIT(A)'s methodology of calculating the fair market value as on 01.04.1981 by averaging subsequent DLC rate increases to be incorrect. The Tribunal noted that the registered valuer's method of discounting the 1983 DLC rate was more appropriate.
The Tribunal noted that the AO denied exemption due to alleged violations of Section 13(1)(c) and 13(1)(d). The assessee contended there were no violations and that only income related to violations should be taxed. Both parties agreed to restore the issues to the CIT(A) for fresh adjudication.
The Tribunal noted that the tax effect was below the prescribed monetary limit and no exceptions were shown. Therefore, the Revenue was precluded from pursuing the appeal.
The Tribunal upheld the CIT(A)'s deletion of interest disallowance, finding that interest-free funds available with the assessee exceeded the interest-free advances given. The Tribunal also confirmed the CIT(A)'s sustained addition under Section 14A, deeming it appropriate given the facts.
The Tribunal held that the assessee was not provided with sufficient opportunity to produce documentary evidence regarding the genuineness of the cash book and the source of cash deposits. Therefore, the matter was restored to the AO for fresh examination with adequate opportunity to the assessee.
The Tribunal agreed with the Revenue that the CBDT circular regarding sales to dealers did not extend to sales by one dealer to another. However, it allowed the assessee an opportunity to present its case before the AO regarding the provisos to Section 206C(6A).
The Tribunal held that the appeals were filed within the extended limitation period due to the COVID-19 pandemic. Therefore, the CIT(A) was not justified in dismissing the appeals in limine.
The Tribunal held that the addition made by the AO under Section 50C was confirmed by the CIT(A). The assessee is aggrieved by this confirmation.
The Tribunal held that the PCIT's revision order was not justified. The AO had made necessary inquiries and taken possible views, and the PCIT's view on Section 80IA was contrary to CBDT circulars. The Tribunal also found that the AO had examined the other issues sufficiently.
The Tribunal found merit in the Revenue's submission that the revision proceedings would not be vitiated if the PCIT independently applied his mind, even if a proposal was sent by the AO. However, since the PCIT did not explicitly state the origin of the revision proceedings in his order, the matter was restored to the PCIT for fresh examination.
The Tribunal held that Section 68 is not applicable to expenditures and that the partial disallowance by the CIT(A) was not justified as the expenses were part of stock-in-trade and supported by self-made vouchers, which is a common trade practice for labour payments.
The Tribunal held that the revision order regarding incentive payments and Section 14A expenses was incorrect. However, it upheld the revision regarding the employees' PF/ESI contribution due to lack of inquiry by the AO.
The Tribunal held that the issue is debatable and the Assessing Officer (AO) took a possible view by allowing the deduction. The PCIT's revision order was set aside as the AO's view was sustainable in law, and the PCIT cannot invoke revision powers merely due to a difference of opinion.
The Tribunal found that the CIT(A) had not adjudicated the issues on merits and had dismissed the appeal in limine. Therefore, in the interest of natural justice, the matter was restored to the CIT(A) for adjudication on merits.
The Tribunal upheld the CIT(A)'s decision to delete the addition on sundry creditors, finding that the assessee had provided sufficient evidence and that the AO had not disallowed corresponding purchases. The Tribunal also upheld the deletion of disallowance of additional depreciation, agreeing that the RMC activity was manufacturing and eligible for such depreciation.
The Tribunal held that the Assessing Officer had conducted due verification, inquiries, and applied their mind while passing the assessment order. The Tribunal found that the AO had taken a possible view and that the Pr. CIT's action under Section 263 was not warranted as the AO had sufficiently addressed the issues raised.
The Tribunal held that the penalty notices were vague and did not specify whether the penalty was for concealment of income or furnishing inaccurate particulars. This violated the principles of natural justice, rendering the penalty unsustainable.