ITAT Nagpur Judgments — September 2023

The Tribunal dismissed the Revenue's appeal. It held that the appeal did not meet the minimum tax effect of Rs. 50 lakhs prescribed by a CBDT circular, and the issue was about cash credit, not bogus LTCG/STCG from penny stocks.

The Tribunal granted the assessee's request to withdraw the appeal. Therefore, the appeal filed by the assessee is dismissed as withdrawn.

The Tribunal held that the CIT(A) is obligated to decide appeals on merits and cannot dismiss them for non-prosecution, citing a Bombay High Court ruling. The order of the CIT(A) was set aside for de novo adjudication.

The Tribunal held that the CIT(A) is obligated to decide appeals on merits and cannot dismiss them for non-prosecution, citing a Bombay High Court ruling. The order of the CIT(A) was set aside for de novo adjudication.

The Tribunal held that the CIT(A) is obligated to decide appeals on merits and cannot dismiss them for non-prosecution, citing a Bombay High Court ruling. The order of the CIT(A) was set aside for de novo adjudication.

The Tribunal held that the issue of TDS default needs to be determined in light of Explanation to Section 191, excluding cases where interest income does not exceed the basic exemption limit or where eligible persons furnish Form 15H. Interest under Section 201(1A) is payable even if not in default under Section 201(1), but not where there was no obligation to deduct tax.

The Tribunal held that the issue of TDS default needs to be determined in light of Explanation to Section 191, excluding cases where interest income does not exceed the basic exemption limit or where eligible persons furnish Form 15H. Interest under Section 201(1A) is payable even if not in default under Section 201(1), but not where there was no obligation to deduct tax.

The Tribunal held that the issue of TDS default needs to be determined in light of Explanation to Section 191, excluding cases where interest income does not exceed the basic exemption limit or where eligible persons furnish Form 15H. Interest under Section 201(1A) is payable even if not in default under Section 201(1), but not where there was no obligation to deduct tax.

The Tribunal held that the issue of TDS default needs to be determined in light of Explanation to Section 191, excluding cases where interest income does not exceed the basic exemption limit or where eligible persons furnish Form 15H. Interest under Section 201(1A) is payable even if not in default under Section 201(1), but not where there was no obligation to deduct tax.

The Tribunal held that the issue of TDS default needs to be determined in light of Explanation to Section 191, excluding cases where interest income does not exceed the basic exemption limit or where eligible persons furnish Form 15H. Interest under Section 201(1A) is payable even if not in default under Section 201(1), but not where there was no obligation to deduct tax.

The Tribunal held that the issue of TDS default needs to be determined in light of Explanation to Section 191, excluding cases where interest income does not exceed the basic exemption limit or where eligible persons furnish Form 15H. Interest under Section 201(1A) is payable even if not in default under Section 201(1), but not where there was no obligation to deduct tax.

The Tribunal held that the issue of TDS default needs to be determined in light of Explanation to Section 191, excluding cases where interest income does not exceed the basic exemption limit or where eligible persons furnish Form 15H. Interest under Section 201(1A) is payable even if not in default under Section 201(1), but not where there was no obligation to deduct tax.

The Tribunal held that the issue of TDS default needs to be determined in light of Explanation to Section 191, excluding cases where interest income does not exceed the basic exemption limit or where eligible persons furnish Form 15H. Interest under Section 201(1A) is payable even if not in default under Section 201(1), but not where there was no obligation to deduct tax.

The Tribunal held that the issue of TDS default needs to be determined in light of Explanation to Section 191, excluding cases where interest income does not exceed the basic exemption limit or where eligible persons furnish Form 15H. Interest under Section 201(1A) is payable even if not in default under Section 201(1), but not where there was no obligation to deduct tax.

The Tribunal held that the issue of TDS default needs to be determined in light of Explanation to Section 191, excluding cases where interest income does not exceed the basic exemption limit or where eligible persons furnish Form 15H. Interest under Section 201(1A) is payable even if not in default under Section 201(1), but not where there was no obligation to deduct tax.

The Tribunal held that the issue of TDS default needs to be determined in light of Explanation to Section 191, excluding cases where interest income does not exceed the basic exemption limit or where eligible persons furnish Form 15H. Interest under Section 201(1A) is payable even if not in default under Section 201(1), but not where there was no obligation to deduct tax.

The Tribunal held that the issue of TDS default needs to be determined in light of Explanation to Section 191, excluding cases where interest income does not exceed the basic exemption limit or where eligible persons furnish Form 15H. Interest under Section 201(1A) is payable even if not in default under Section 201(1), but not where there was no obligation to deduct tax.

The Tribunal held that the issue of whether the assessee is in default needs to be determined in light of Explanation to Section 191, excluding cases where there was no obligation to deduct tax at source. Interest under Section 201(1A) is payable even if not in default under Section 201(1), but not where there was no obligation to deduct tax.

The Tribunal held that the issue of TDS default needs to be determined in light of Explanation to Section 191, excluding cases where interest income does not exceed the basic exemption limit or where eligible persons furnish Form 15H. Interest under Section 201(1A) is payable even if not in default under Section 201(1), but not where there was no obligation to deduct tax.

The Tribunal held that the CIT(A) is obligated to decide appeals on merits and cannot dismiss them for non-prosecution, citing a Bombay High Court ruling. The order of the CIT(A) was set aside for de novo adjudication.

The Tribunal held that the issue regarding the disallowance of secondary and higher education cess as a deduction is no longer res integra. The Hon'ble Apex Court has settled the law in favor of the department.

The Tribunal granted the assessee's request to withdraw the appeal. The learned DR had no objection to the withdrawal.

The Tribunal condoned the delay in filing the appeal. It held that the addition under Section 50C was not sustainable as the difference between the sale consideration and stamp duty value was within the 10% tolerance margin, and the provisos to Section 50C(1) have retrospective effect.

The Tribunal held that the assessee failed to prove that the expenditure was incurred wholly and exclusively for the purpose of its business. Therefore, the disallowance made by the lower authorities was upheld.

The Tribunal accepted the assessee's argument that the certificate from the competent authority (Nagpur Improvement Trust) regarding the land's distance from municipal limits should prevail over Google Maps measurements. Therefore, the land was not treated as a capital asset.

The Tribunal dismissed the Revenue's appeal. This was based on the tax effect being less than the revised monetary limit prescribed by CBDT circulars for filing appeals.

The Tribunal noted that the assessee had settled the disputed tax amount under the Vivad se Vishwas Scheme. Consequently, the appeal was dismissed.

The Tribunal held that additions made in an unabated assessment framed under Section 153A must be based on seized material. Since no incriminating material was found, the additions were not sustainable.

The Tribunal held that additions made in an unabated assessment framed under Section 153A must be based on seized material. Since no such material was found, the assessments were not sustainable.

The Tribunal held that the addition of Rs. 30 lakhs as undisclosed income was based on incriminating seized material, which carries a presumption of correctness. The assessee's argument regarding the lack of proven nexus with Shri Vilas Harde was not accepted.

The Tribunal dismissed the Revenue's appeal, finding no merit in its grievance. The decision was based on the jurisdictional High Court's ruling in CIT vs. Bajaj Hindusthan Ltd., which was also upheld by the Supreme Court, supporting the assessee's claim.

The Tribunal held that since the original assessments were completed and unabated, additions could only be made if incriminating material was found during the search. As no such material was found, the additions made by the AO were unjustified.

The Tribunal held that since the original assessments were completed and unabated, additions could only be made if incriminating material was found during the search. As no such material was found, the additions made by the AO were unjustified.

The Tribunal granted the assessee's request to withdraw the appeal. Consequently, the appeal filed by the assessee was dismissed as withdrawn.

The Tribunal held that the obligation to deduct tax at source needs to be determined in light of Explanation to Section 191. Cases where eligible persons furnished Form 15G/15H and their tax liability on total income was Nil, or senior citizens furnished Form 15H, should be excluded from TDS obligation.

The Tribunal held that the obligation to deduct tax at source needs to be determined in light of Explanation to Section 191. Cases where eligible persons furnished Form 15G/15H and their tax liability on total income was Nil, or senior citizens furnished Form 15H, should be excluded from TDS obligation.

The Tribunal held that the obligation to deduct tax at source needs to be determined in light of Explanation to Section 191. Cases where eligible persons furnished Form 15G/15H and their tax liability on total income was Nil, or senior citizens furnished Form 15H, should be excluded from TDS obligation.

The Tribunal held that the obligation to deduct tax at source needs to be determined in light of Explanation to Section 191. Cases where eligible persons furnished Form 15G/15H and their tax liability on total income was Nil, or senior citizens furnished Form 15H, should be excluded from TDS obligation.

The Tribunal held that the obligation to deduct tax at source needs to be determined in light of Explanation to Section 191. Cases where eligible persons furnished Form 15G/15H and their tax liability on total income was Nil, or senior citizens furnished Form 15H, should be excluded from TDS obligation.

The Tribunal held that the obligation to deduct tax at source needs to be determined in light of Explanation to Section 191. Cases where eligible persons furnished Form 15G/15H and their tax liability on total income was Nil, or senior citizens furnished Form 15H, should be excluded from TDS obligation.

The Tribunal held that the obligation to deduct tax at source needs to be determined in light of Explanation to Section 191. Cases where eligible persons furnished Form 15G/15H and their tax liability on total income was Nil, or senior citizens furnished Form 15H, should be excluded from TDS obligation.

The Tribunal held that the obligation to deduct tax at source needs to be determined in light of Explanation to Section 191. Cases where eligible persons furnished Form 15G/15H and their tax liability on total income was Nil, or senior citizens furnished Form 15H, should be excluded from TDS obligation.

The Tribunal set aside the CIT(E)'s order and remanded the matter back for fresh adjudication. The assessee was granted one final opportunity to submit all required details and comply with the department's directions.

The Tribunal held that the obligation to deduct tax at source needs to be determined in light of Explanation to Section 191. Cases where eligible persons furnished Form 15G/15H and their tax liability on total income was Nil, or senior citizens furnished Form 15H, should be excluded from TDS obligation.

The Tribunal held that the obligation to deduct tax at source needs to be determined in light of Explanation to Section 191. Cases where eligible persons furnished Form 15G/15H and their tax liability on total income was Nil, or senior citizens furnished Form 15H, should be excluded from TDS obligation.

The Tribunal held that the obligation to deduct tax at source needs to be determined in light of Explanation to Section 191. Cases where eligible persons furnished Form 15G/15H and their tax liability on total income was Nil, or senior citizens furnished Form 15H, should be excluded from TDS obligation.

The Tribunal held that the obligation to deduct tax at source needs to be determined in light of Explanation to Section 191. Cases where eligible persons furnished Form 15G/15H and their tax liability on total income was Nil, or senior citizens furnished Form 15H, should be excluded from TDS obligation.

The Tribunal held that the obligation to deduct tax at source needs to be determined in light of Explanation to Section 191. Cases where eligible persons furnished Form 15G/15H and their tax liability on total income was Nil, or senior citizens furnished Form 15H, should be excluded from TDS obligation.

The Tribunal held that the obligation to deduct tax at source needs to be determined in light of Explanation to Section 191. Cases where eligible persons furnished Form 15G/15H and their tax liability on total income was Nil, or senior citizens furnished Form 15H, should be excluded from TDS obligation.

The Tribunal held that the obligation to deduct tax at source needs to be determined in light of Explanation to Section 191. Cases where eligible persons furnished Form 15G/15H and their tax liability on total income was Nil, or senior citizens furnished Form 15H, should be excluded from TDS obligation.