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63 orders · Page 1 of 2
The Tribunal held that the food distribution activities, aimed at eradicating hunger and malnutrition, were within the objects of the trust. It also found that the assessee had provided sufficient documentary evidence to support its activities.
The Tribunal restored the appeal to the Assessing Officer, granting the assessee one more opportunity to present their case. The AO was directed to allow the deduction for housing loan interest if it was indeed claimed in the return.
The Tribunal, noting the ex-parte dismissal by the NFAC and the assessee's request for a fresh opportunity, restored the appeal to the NFAC for a hearing on merits. The assessee was cautioned to comply with future directions.
The Tribunal, considering the assessee's request for another opportunity to present evidence and the lack of objection from the Revenue, decided to restore the case to the Assessing Officer. The assessee was directed to provide necessary evidence, with a caution against non-compliance.
The Tribunal decided that the interest income earned by the assessee on deposits with banks, even if from surplus funds, is eligible for deduction under Section 80P(2)(a)(iii) if it is attributable to the society's main business activities of providing credit facilities and assistance to cane growers. The case was remanded for fresh adjudication.
The Tribunal granted the assessee's request to withdraw the appeal. The learned Departmental Representative had no objection to the withdrawal.
The Tribunal admitted an additional legal ground concerning the validity of the approval under Section 153D. Following a previous decision in the assessee's own case, the Tribunal held that a mechanical approval vitiates the proceedings and quashed the assessment order.
The Tribunal condoned the delay in filing the appeal, finding the reasons to be genuine. It held that the assessee was not given a proper and sufficient opportunity by the CIT(E) to present its case and explain its activities.
The Tribunal held that the failure to submit Form 15G/15H to the Commissioner was a technical breach. The matter was restored to the AO to verify the correctness of the forms, and if found correct, the assessee should be granted relief.
The Tribunal admitted an additional legal ground concerning the validity of the approval under Section 153D. Following a previous decision in the assessee's own case, the Tribunal held that a mechanical approval vitiates the proceedings and quashed the assessment order.
The Tribunal held that the addition on account of the difference in stock was not justifiable as it was surrendered by an individual, and the CIT(A)'s deletion was not correct. The Tribunal also held that the addition on account of entry tax was rightly made by the AO under Section 43B, as the assessee failed to prove the applicability of a High Court order to its case.
The Tribunal restored the issues regarding the merits of the additions made in the assessment order to the file of the CIT(A) for a fresh decision. This was done after the High Court ruled that the Additional Director had the authority to issue search warrants.
The Tribunal held that despite limited scrutiny, the AO was obliged to consider other points that came to his knowledge, including information in the audited accounts regarding non-deposit of PF. The failure to do so rendered the assessment order erroneous and prejudicial to the revenue.
The Tribunal held that the CIT(Exemption) had not received any adverse report from the AO after conducting an inquiry, and the assessee had provided sufficient material. The Tribunal also noted that ownership of land and building is not a pre-condition for registration.
The Tribunal held that the additions made under Section 68 regarding the quantity and price of Maurang sold were not sustainable. It also held that the addition for reimbursement to suppliers was arbitrary and unjustified.
The Tribunal held that the tax effect in the Department's appeal was below the monetary limit prescribed by the CBDT for filing appeals. Consequently, the Department's appeal was dismissed as infructuous.
The Tribunal held that entrance and restoration fees are capital receipts exempt from income tax due to the principle of mutuality, even though they were subject to service tax. The remaining differences were also not considered taxable income under the Income Tax Act.
The Tribunal held that the addition for higher quantity of Maurang sold was unjustified due to the nature of measurement. The addition for higher sale price was deleted as the CIT(A) correctly found no cogent basis for the AO's calculation. The addition for reimbursement to suppliers was also deleted as ledger accounts were deemed sufficient compliance.
The Tribunal held that a mere disallowance of a claim under section 80P, even if not sustainable, does not automatically lead to a penalty. It also found that the omission to disclose refund interest was likely an oversight rather than an intentional concealment.
The Tribunal permitted the assessee to withdraw the appeal. Consequently, the appeal was dismissed as withdrawn.
The Tribunal decided that the interest income earned by the assessee on deposits with banks, even if from surplus funds, is eligible for deduction under Section 80P(2)(a)(iii) if it is attributable to the society's main business activities of providing credit facilities and assistance to cane growers. The case was remanded for fresh adjudication.
The Tribunal found that the CIT(Exemptions) misappreciated the facts and treated the application for modification of objects as one for provisional registration. The Tribunal restored the matter for fresh consideration of the new objects.
The Tribunal held that the food distribution activities, aimed at eradicating hunger and malnutrition, were within the objects of the trust. It also found that the assessee had provided sufficient documentary evidence to support its activities.
The Tribunal, considering the assessee's request for another opportunity and the respondent's no objection, restored the case to the Assessing Officer. The assessee was directed to present its case fully, with a caution that future non-compliance could lead to an ex-parte order.
The ITAT noted that the CIT(A) had not decided the appeal on merits and was obligated to do so. Therefore, the ITAT set aside the CIT(A)'s ex-parte order and directed them to decide the appeal afresh after providing a reasonable opportunity to the assessee.
The Tribunal condoned the delay in filing the appeals, acknowledging the bona fide reasons provided by the assessee. The appeals were restored to the CIT(A) for adjudication on merits after providing an opportunity of hearing.
The Tribunal condoned the delay in filing the appeals, acknowledging the bona fide reasons provided by the assessee. The appeals were restored to the CIT(A) for adjudication on merits after providing an opportunity of hearing.
The Tribunal set aside the assessment order and restored the issue in dispute to the file of the Assessing Officer. The AO is directed to pass a denovo assessment order after providing a reasonable opportunity to the assessee. The stay application was dismissed as infructuous.
The Tribunal restored the appeal to the NFAC, granting the assessee one more opportunity to present their case. This was done in the interest of substantial justice, acknowledging the assessee's poor financial condition and the ex-parte nature of the NFAC's order.
The Tribunal condoned a significant delay in filing the appeal due to genuine reasons. Considering the NFAC's order was ex-parte and in the interest of substantial justice, the case was restored to the NFAC for adjudication on merits, with a caution to the assessee.
The Tribunal condoned a one-day delay in filing the appeal and restored the matter to the NFAC for adjudication on merits. The Tribunal granted the assessee one more opportunity to present their case in the interest of substantial justice.
The Tribunal condoned the delay in filing the appeal and restored the case to the NFAC for adjudication on merits. The assessee was cautioned to comply with future notices.
The Tribunal restored the file to the Assessing Officer for adjudication on merits, allowing the assessee a proper opportunity to be heard. The assessee was cautioned to comply with future notices, failing which the AO could proceed ex-parte.
The Tribunal held that the appeal was not admissible before the Lucknow Bench. Following the Supreme Court's decision in Principal Commissioner of Income-tax vs. ABC Papers Ltd., the Tribunal ruled that appeals must be filed before the High Court (and by extension, the ITAT) within whose jurisdiction the Assessing Officer who passed the assessment order is situated.
The Tribunal condoned the delay in filing the appeal and set aside the CIT(A)'s order. The issues were restored to the Assessing Officer for a fresh assessment after providing the assessee a reasonable opportunity of being heard.
The Tribunal permitted the assessee to withdraw the appeal. Consequently, the appeal filed by the revenue was dismissed.
The tribunal held that the notional surplus credited to partners' capital accounts was not available for withdrawal as real cash. Following a Supreme Court order, the tribunal concluded that the allowability of interest deduction depends on the availability of cash surplus in partners' accounts. Therefore, the disallowance of interest was sustained.
The Tribunal noted that the character of the interest income as capital or revenue depends on whether the TDR was placed as security for a bank guarantee to obtain business contracts. Due to the lack of crucial documentary evidence, the matter was remanded for fresh consideration.
The Tribunal held that compensation paid for compulsory acquisition of land under the RFCTLARR Act, 2013 is exempt from income tax, and therefore, TDS deduction is not required. The impugned orders were quashed.
The Tribunal held that compensation paid for compulsory acquisition of land under the RFCTLARR Act, 2013 is exempt from income tax, and therefore, TDS deduction is not required. The impugned orders were quashed.
The Tribunal upheld the NFAC's decision, stating that the assessee failed to demonstrate a sufficient cause for the inordinate delay in filing the appeals. The Tribunal emphasized the need for diligence and the burden on the appellant to prove sufficient cause.
The Tribunal noted that the character of the interest income as capital or revenue depends on whether the TDR was placed as security for a bank guarantee to obtain business contracts. Due to the lack of crucial documentary evidence, the matter was remanded for fresh consideration.
The Tribunal found no material to interfere with the CIT(A)'s order, noting that the revenue did not present any evidence to persuade a different view. The CIT(A)'s estimation of profit at 15% was upheld.
The Tribunal upheld the CIT(A)'s order, finding no material to interfere with the deletion of the daily cash summary addition and the estimation of profit on cash credits. The revenue's appeal was dismissed.
The Tribunal held that compensation paid for compulsory acquisition of land under the RFCTLARR Act, 2013 is exempt from income tax, and therefore, TDS deduction is not required. The impugned orders were quashed.
The Tribunal upheld the NFAC's decision, stating that the assessee failed to demonstrate a sufficient cause for the inordinate delay in filing the appeals. The Tribunal emphasized the need for diligence and the burden on the appellant to prove sufficient cause.
The Tribunal held that the CPC lacked jurisdiction to reject the rectification application after the case was transferred. It also found that disallowing expenditure under Section 143(1) without affording an opportunity was incorrect, especially when the issue was debatable.
The Tribunal held that the exemption under Section 10(23C)(vi) is a one-time approval and not assessment year specific. Since approval was granted by the CIT(Exemption) before the return filing and assessment order, the exemption for AY 2016-17 was admissible.
The Tribunal held that the AO failed to comply with Section 270AA(4) by not providing the assessee an opportunity of being heard before rejecting the immunity application and passing the penalty order. This violated the principles of natural justice.
The Tribunal found that the materials on record were insufficient to establish the genuineness of the assessee's activities and that further inquiry was required. Therefore, the Tribunal set aside the CIT(E)'s order and directed a de novo order after due verification and opportunity to the assessee.