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604 orders · Page 7 of 13
The Tribunal held that the assessee was not given an opportunity to explain the delay and the NFAC/CIT(A) wrongly decided the issue on merits after dismissing the appeal for non-condonation of delay. The matter is remanded to the NFAC/CIT(A) for fresh consideration.
The Tribunal condoned the delay in filing the appeal, citing a liberal approach and the need for substantial justice. The Tribunal held that the CIT(A) erred in dismissing the appeal on non-prosecution without deciding the merits, and that such dismissal is not permissible under the Act.
The Tribunal held that the rectification order passed under Section 154 was bad in law as it was made without providing the assessee with a reasonable opportunity of being heard, violating principles of natural justice and statutory provisions.
The Tribunal held that the PCIT erred in invoking revisionary powers. It ruled that donations made from CSR funds can be eligible for deduction under Section 80G if the stipulated conditions are satisfied, and the PCIT's assumption of jurisdiction was based on a wrong premise.
The Tribunal upheld the order of the CIT(Appeals)/NFAC, restricting the addition to 3% of the bogus purchases. The Tribunal noted that the CIT(Appeals) had relied on various judicial pronouncements and had restricted the addition to 3% as against the AO's 100% addition. The Tribunal observed that the assessee's sales were accepted, and there was no rejection of stock or inventories recorded in the assessee's books. Crucially, in the assessee's own case for earlier assessment years (2008-09 and 2007-08), the CIT(A) had restricted the addition to 3% of bogus purchases, which was not disputed by the revenue. Therefore, in the absence of any fresh facts or evidence presented by the revenue to dislodge the CIT(A)'s findings, the Tribunal found it reasonable to retain the addition at 3%. The Tribunal dismissed the revenue's grounds of appeal. The issue of tax effect and organized tax evasion was not explicitly decided upon by the Tribunal, but the appeal was dismissed based on the CIT(A)'s findings.
The Tribunal condoned the delay of 279 days in filing the appeal. The matter was restored to the file of the CIT(Appeals)/NFAC for fresh adjudication on merits, after affording the assessee an opportunity of being heard, concerning the disallowance of expenditure and the denial of exemption under Section 12AA.
The Tribunal, considering the affidavit filed by the assessee and the additional evidence furnished, was of the view that such evidence needed to be examined by the principal officer, i.e., the Assessing Officer (AO). In the interest of justice, the Tribunal deemed it fit to restore the issue to the file of the AO. The assessee was directed to attend the assessment proceedings and furnish all necessary evidence explaining the source of investment in the property. The AO was directed to examine the same and decide the issue afresh after affording a reasonable and adequate opportunity of being heard to the assessee. The Tribunal explicitly stated that the appeal was allowed for statistical purposes, implying that the substantive issue of addition was not decided on merits by the ITAT itself but was remanded for fresh adjudication.
The Tribunal condoned the delay in filing the appeal, noting the ex-parte order by the CIT(A) was passed without deciding on merits. The matter was restored to the CIT(A) for de novo adjudication.
The Tribunal held that the assessee failed to establish a 'sufficient cause' for the inordinate delay. Relying on previous judgments, the Tribunal emphasized that ignorance of law or change of professional advice do not constitute reasonable grounds for condoning delay.
The Tribunal held that the notice under Section 148 was issued in contravention of Section 151(ii) of the Act because the approval was obtained from the PCIT instead of the PCCIT, despite the assessment year being more than three years old. Consequently, the notice and the reassessment proceedings were quashed.
The Tribunal held that the payment made for the acquisition of financial instruments, which included accrued interest, was not 'interest' in the hands of the transferor for the purpose of TDS. Consequently, the assessee was not obligated to deduct tax at source on such payments.
The Tribunal held that the CIT(A) did not provide an effective opportunity of hearing to the assessee, which violates the principle of natural justice. The ex-parte dismissal of the appeal was deemed illegal.
The Tribunal held that the CIT(A) erred in dismissing the appeal solely on grounds of delay without properly considering the assessee's explanation and affidavit. The Tribunal set aside the CIT(A)'s order, restoring the case for adjudication on merits.
The Tribunal noted that the present appeal was a duplicate of a previously filed appeal. The Tribunal confirmed that it was a duplicate appeal and dismissed the present appeal.
The Tribunal condoned the delay in filing the appeal after considering the reasonable cause presented by the assessee. On merits, the Tribunal noted that the CIT(A) had not properly examined the issues and remitted the appeal back to the CIT(A) for fresh adjudication.
The Tribunal held that there was sufficient cause for condoning the delay in filing the appeal before the CIT(A). Considering the assessment was completed under Section 144, the matter was restored back to the assessing officer for fresh assessment, ensuring a fair opportunity for the assessee.
The Tribunal held that the application for registration under Section 12AB of the Income Tax Act, 1961, was rejected by the CIT(E) without affording a reasonable opportunity of representation. While the submission dated 03.02.2025 was considered, there was no mention of the assessee's submission dated 25.03.2025 in the CIT(E)'s order. Therefore, the application was rejected without fully considering the assessee's response. In the interest of substantial justice, and with the fair agreement of both parties, the impugned order of the CIT(E) was set aside. The matter was remanded back to the CIT(E) with a direction to provide a reasonable opportunity of being heard to the assessee society and to revisit the application. The appeal was allowed for statistical purposes.
The Tribunal held that the CIT(A)/NFAC does not have the power to dismiss an appeal for non-prosecution and is obligated to decide the appeal on its merits. The order of the CIT(A)/NFAC was set aside.
The Tribunal noted the assessee's failure to respond to notices from both the AO and CIT(A), which was considered an unacceptable approach. However, due to the need to verify issues based on documents, the appeal was remitted back to the AO.
The Tribunal, in the interest of justice and fair play, decided to grant the assessee one more opportunity to represent its case on merits and jurisdiction. It noted that the assessee did not receive the reasons recorded for reopening the assessment and directed that these reasons be provided to the assessee, with an opportunity to raise objections before the AO. The matter was restored to the jurisdictional AO for de novo adjudication, considering all details and submissions from the assessee, and providing a due opportunity of hearing. The Tribunal observed that the CIT(A) did not exercise the power to set aside and remand the case, despite the amendment to section 251(1)(a) of the Act. Since the quantum proceedings were restored, the penalty levied under section 271AAC(1) was quashed as it did not survive at that stage. However, the AO was directed to take a fresh call on the penalty aspect after the conclusion of the quantum assessment. The other grievances raised by the assessee were not adjudicated at this stage.
The Tribunal held that the CIT(A) has a statutory obligation to dispose of appeals on merits and cannot summarily dismiss them on account of delay. It is obligatory for the CIT(A) to apply his mind to all issues arising from the impugned order.
The Tribunal held that the entire exercise of determining the nature of manufacturing, supply, and maintenance contracts is academic. It noted that excess consideration paid over the fair value of recognized assets and liabilities in slump sale transactions has been held to be goodwill by a coordinate bench of the Tribunal. Following the decision of a coordinate bench in the assessee's own case, the Tribunal directed the AO to treat the excess consideration as goodwill and allow depreciation thereon. The depreciation on goodwill amounting to INR 15,96,20,019 claimed by the assessee for the year under consideration was allowed. Consequently, grounds 2-5 of the assessee's appeal were allowed. Regarding penalty under Section 270A, the Tribunal considered it consequential and premature, dependent on the outcome of the depreciation disallowance. The appeal was allowed.
The Tribunal held that the CIT(A) erred in dismissing the appeal without adjudicating on merits, as it is obligatory to decide appeals on merits, not summarily dismiss them for want of prosecution. A final opportunity was granted to the assessee.
The Tribunal, in the interest of justice and fair play, decided to grant the assessee one more opportunity to represent her case on merits and jurisdiction. It noted that the assessee did not receive the reasons recorded for reopening the assessment and directed that these reasons be provided. The assessee will have an opportunity to raise objections against these reasons before the AO, which will be considered as per law. Consequently, the matter was restored to the jurisdictional AO for de novo adjudication. The Tribunal also noted that the penalty levied under Section 271AAC(1) of the Act does not survive at this stage, as the quantum proceedings have been restored. The AO can take a fresh call on the penalty aspect after concluding the quantum assessment. The quantum appeal order was set aside, and the grounds raised were allowed for statistical purposes. The penalty appeal grounds were also allowed for statistical purposes.
The Tribunal held that the addition of Rs. 2.50 lakhs as unexplained credit was deleted as the assessee proved identity, creditworthiness, and genuineness. The consequential interest disallowance of Rs. 19,333/- was also allowed. Grounds relating to interest on partner's capital and unsecured loans were restored to the AO for fresh examination.
The Tribunal held that the reassessment proceedings were vitiated due to the denial of the opportunity to cross-examine witnesses, which is a violation of the principles of natural justice. Consequently, the assessment order was quashed.
The Tribunal held that the Ld. CIT(A) ought to have adjudicated the legal grounds concerning the validity of the reopening notice u/s 148 and the non-speaking assessment order before restoring the matter to the AO. The Tribunal noted that the Ld. CIT(A) had restored the matter to the AO for considering additional evidence and passing a fresh order, observing that the original assessment was ex-parte. However, the assessee had raised specific legal grounds challenging the reopening itself. The Tribunal, following the decision of a Coordinate Bench in *Eyegear Optics India (P) Ltd. vs. DCIT*, found that restoring the matter to the AO without deciding these preliminary legal issues was contrary to the principles of natural justice and the statutory provisions. The Tribunal set aside the order of the Ld. CIT(A) and restored the matter to his file with a direction to adjudicate the legal grounds (specifically Ground No. 1 and 2) first, after giving the assessee an effective opportunity of hearing. The Tribunal clarified that it had refrained from expressing any view on the merits of the additions or the validity of jurisdiction assumed by the AO, as the matter was being remanded back to the Ld. CIT(A) for a de novo decision on the preliminary legal issues. Ground 3 was allowed for statistical purposes. The appeal was allowed for statistical purposes.
The Tribunal held that the CIT(Appeals) has a statutory obligation to dispose of an appeal on its merits and cannot summarily dismiss it for want of prosecution. The case was remanded to the CIT(Appeals) for fresh adjudication.
The Tribunal condoned the delay in filing the appeals, finding reasonable cause. The Tribunal set aside the order of the First Appellate Authority for the quantum appeal and restored it for adjudication on merits. Similarly, the penalty imposition issue was restored to the AO for fresh consideration.
The Tribunal upheld the CIT(A)'s decision, following the Bombay High Court's rulings in Vodafone India Services Pvt. Ltd. and Shell India Markets Pvt. Ltd. It held that premium on share issue is a capital account transaction and not taxable income, thus not subject to transfer pricing adjustment.
The Tribunal condoned the delay in filing the appeals, finding reasonable cause. The Tribunal set aside the order of the First Appellate Authority for the quantum appeal and restored it for adjudication on merits. Similarly, the penalty imposition issue was restored to the AO for fresh consideration.
The tribunal noted that the assessee had filed duplicate appeals. The learned AR sought permission to withdraw the present appeal, which was found to be correct. Therefore, the appeal was dismissed as withdrawn.
The Tribunal held that notices issued by the JAO after the introduction of the faceless mechanism were invalid as they should have been issued by the FAO. Consequently, the reassessment proceedings and the final assessment order were quashed.
The Tribunal condoned the delay in filing the appeal. It noted that the basis for the PCIT's Section 263 jurisdiction, i.e., the disallowance of loan write-offs, had been deleted by a coordinate bench. Therefore, the Tribunal quashed the PCIT's Section 263 order, restoring the assessment order.
The Tribunal held that the assessee's appeal was partly allowed for statistical purposes. The Tribunal noted that while the assessee had exercised the option under Section 115BAA by filing Form 10-IC, it had not fulfilled the mandatory conditions stipulated in sub-section (2) of Section 115BAA and the provisions of Section 115JAA(8), which debars the claim of MAT credit. Consequently, the option exercised under Section 115BAA was construed as invalidated. The Tribunal found force in the assessee's contention that the MAT credit under Section 115JAA had not been verified by the Assessing Officer. Therefore, the matter was restored to the file of the CIT(Appeals) for fresh adjudication. The assessee was to be allowed to compute its tax liability under the old regime and claim the legitimate MAT credit. The principles of substantial compliance and beneficial interpretation were applied, emphasizing that procedural lapses should not prevent the assessee from availing legitimate reliefs. The assessee would be given an opportunity of hearing as per principles of natural justice.
The Tribunal, considering the principles of natural justice and the interest of justice, decided to remand the issues back to the AO. The AO was directed to admit additional evidence proposed by the assessee to substantiate its claim and decide the matter on merits.
The Tribunal allowed the assessee's application for withdrawal. Consequently, the appeal filed by the assessee was dismissed as withdrawn.
The Tribunal found sufficient merit in the assessee's contention regarding the adjustment made by the CPC under Section 143(1) without issuing a show cause notice. The AO, in a report submitted to the Tribunal, admitted that no prior prima facie adjustment notice was issued due to technical issues. Therefore, the Tribunal held that the adjustment made by the CPC was impermissible without intimation, as required by the proviso to Section 143(1)(a). Regarding the TDS credit, the Tribunal noted that while the procedural requirements of Rule 37BA(2) of the Income Tax Rules, 1962, regarding declarations to the deductor were not strictly followed, non-compliance with a procedural provision, if directory, should not disturb a substantive provision. The Tribunal acknowledged the intention of Section 199 of the Act and Rule 37BA(2) to ensure that TDS credit is available to the person chargeable to tax. To avoid duplication of TDS credit, the matter was restored to the AO with directions to assist the assessee in revising relevant TDS returns and rectifying Form 26AS pertaining to the beneficiaries. The AO was instructed to write to the deductor to rectify the TDS return and ensure appropriate reflection of TDS credit in the beneficiaries' Form 26AS, with the assessee being accorded reasonable time for amendments. The grounds of appeal were allowed for statistical purposes.
The Tribunal held that the PCIT erred in invoking Section 263 as the Assessing Officer's view allowing deduction under Section 80G for eligible CSR donations was supported by various judicial precedents. The PCIT's order was quashed.
The Tribunal held that the rejection of the application was solely on technical reasons. The CIT(E) should have provided an opportunity to the assessee to rectify any mistakes instead of rejecting the application outright. The rejection also violated the principle of natural justice as no show cause notice was issued.
The Tribunal held that no income had accrued to the assessee as the FSI was not actually released. The addition made by the AO was based on conjectures and surmises, not concrete material, and constituted hypothetical income.
The Tribunal held that since the purchases were admittedly returned by the assessee and the financial impact was reversed in the books of account, no addition or disallowance was warranted. The revenue authorities failed to conduct independent inquiries to establish the genuineness of the transactions.
The Tribunal held that the CIT(A) erred by dismissing the appeal solely on the grounds of limitation without considering the reasons for delay and without deciding on merit. The refusal to condone the delay and dismissal of the appeal without a reasoned order resulted in a miscarriage of justice.
The Tribunal held that the Learned CIT(A) primarily dismissed the appeals by refusing to condone the delay without considering the submissions of the assessee. The Tribunal noted that the CIT(A) did not formulate any points of determination as required by Section 250(6) of the Act. The refusal to condone the delay and the dismissal of the appeals without a reasoned order, as mandated by Section 250(6), resulted in a miscarriage of justice. Therefore, the Tribunal found the CIT(A)'s order unsustainable in law. The case was restored to the file of the Ld. CIT(A) to dispose of the appeals on merit after giving the assessee an effective opportunity to file a detailed affidavit for condonation of delay based on justified and sufficient cause. The Ld. CIT(A) was directed to consider the affidavit and decide the matter afresh. The assessee was directed to present its case before the Ld. CIT(A) within 90 days of the order. The grounds raised by the assessee were allowed for statistical purposes.
The Tribunal held that the investor company, Ruchi Infrastructure Ltd., being a listed public limited company, qualifies as a company in which the public is substantially interested. Therefore, the provisions of Section 56(2)(viib) are not applicable to the transaction of share premium received by the assessee from its parent company.
The Tribunal held that the CIT(A) erred by dismissing the appeal solely on the grounds of limitation without considering the reasons for delay and without deciding on merit. The refusal to condone the delay and dismissal of the appeal without a reasoned order resulted in a miscarriage of justice.
The Tribunal held that the reassessment notices issued under section 148 were barred by limitation and therefore invalid. Consequently, the reassessment orders based on these invalid notices were liable to be quashed.
The Tribunal noted that the delay was due to the assessee not receiving communications because they were sent to an incorrect email address. Considering the assessee is a senior citizen and the unique circumstances, the Tribunal directed the CIT(A) to condone the delay and examine the appeal on its merits.
The Tribunal upheld the CIT(A)'s decision to restrict Section 14A disallowances to the extent of exempt income earned, as no disallowance is permissible if there is no exempt income. The transfer pricing issue was decided in favor of the Revenue based on the assessee's concession.
The Tribunal observed that the Ld. Commissioner had dismissed the appeal without properly analyzing the submissions and documents provided by the assessee. The assessment order was also ex-parte.