11 orders · Page 1 of 1
The Tribunal held that the assessee appeared to be not interested in prosecuting the appeal. Therefore, the appeal was liable to be dismissed for non-prosecution.
The Tribunal found that the CIT(A) dismissed the appeal without providing a proper opportunity to the assessee and without deciding the appeal on merit. Therefore, the matter was remitted back to the CIT(A) for a fresh decision.
The Tribunal held that a show cause notice for penalty under Section 271(1)(c) must be specific about the limb of the charge being invoked. Since the notice was not specific, it was void ab initio, making the consequent penalty illegal.
The Tribunal held that CBDT Circular No. 17/2019, which enhances monetary limits for filing appeals, is applicable to pending appeals as well as future appeals. The circular is to be read in conjunction with earlier circulars, and its provision for retrospective application remains intact.
The Tribunal found that the assessee was not given a proper and sufficient opportunity to present its case. Therefore, the order of the CIT (Exemptions) was set aside.