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199 orders · Page 2 of 4
The Tribunal held that the CIT(A) should have called for a remand report from the Assessing Officer before deleting the addition, especially since the assessment was ex-parte. The matter was restored to the CIT(A) for fresh adjudication.
The Tribunal found that the CIT(E) did not conduct a wholesome and autonomous exercise before rejecting the applications. The reasons for non-compliance provided by the appellants were considered sufficient to set aside the rejection.
The Tribunal considered the application filed by the assessee seeking withdrawal of the appeal. The Departmental Representative (DR) had no objection to the withdrawal. Consequently, the Tribunal allowed the assessee's application. The appeal filed by the assessee was dismissed as withdrawn. No specific findings were made on the merits of the original appeal, as it was withdrawn by the assessee.
The Tribunal decided to dismiss the appeal as withdrawn. The reasoning was based on the assessee's explicit application for withdrawal and the absence of any objection from the revenue. The Tribunal acknowledged the assessee's request and the revenue's acquiescence. Consequently, the appeal filed by the assessee was dismissed as 'withdrawn'. No specific issue was decided on merits, as the appeal was disposed of on a procedural ground. The operative direction was to dismiss the appeal.
The Tribunal found that the CIT(E) did not conduct a wholesome and autonomous exercise before rejecting the applications. The reasons for non-compliance provided by the appellants were considered sufficient to set aside the rejection.
The Tribunal found that the CIT(E) did not conduct a wholesome and autonomous exercise before rejecting the applications. The reasons for non-compliance provided by the appellants were considered sufficient to set aside the rejection.
The Tribunal held that the CIT(A) should have called for a remand report from the Assessing Officer before deleting the addition, especially since the assessment was ex-parte. The matter was restored to the CIT(A) for fresh adjudication.
The Tribunal condoned the delay, considering the COVID-19 period exclusions and the principle of natural justice. It held that the NFAC should have adopted a justice-oriented approach rather than a hyper-technical one.
The Tribunal restored the matter to the CIT(A) to adjudicate the remaining grounds of appeal on merits. The MAT credit issue was already directed to be recomputed by the CIT(A).
The Tribunal held that the penalty appeal should also follow suit and be restored to the NFAC for fresh adjudication to avoid multiplicity of proceedings.
The Tribunal held that the appeal was filed with a significant delay of 1782 days, and the assessee failed to provide valid reasons for this delay. Consequently, the delay could not be condoned.
The Tribunal restored the issue to the file of the CIT(A) to grant one final opportunity to the assessee to substantiate their case, considering the interest of justice and the assessee's submission of illness.
The Tribunal held that the AO's satisfaction to initiate penalty proceedings was not recorded for the additional income offered during assessment. Furthermore, the addition was based on information furnished by the assessee, and no inaccurate particulars were identified, making the penalty unsustainable.
The Tribunal held that the addition under Section 69 was incorrect as the investments were not made in the relevant assessment year. An admission cannot be conclusive if the transaction is not taxable for the year.
The Tribunal set aside the order of the CIT(A) and restored the matter back to the file of the CIT(A) for a fresh decision. The assessee was given an opportunity to submit explanations and was directed to appear without seeking adjournments.
The Tribunal condoned the delay in filing the appeal, acknowledging the genuine reasons beyond the appellant's family's control. The matter was restored to the CIT(A) to pass a fresh order in the name of the legal heir.
The Tribunal noted that the assessee did not dispute the TDS liability in principle. However, due to the submission of additional evidence regarding one payee, the Assessing Officer was directed to re-verify this evidence. The appeal was partly allowed for statistical purposes.
The Tribunal found that the Assessing Officer and the CIT(A) had not properly addressed the assessee's submissions regarding deductions claimed under Section 80CCC and Section 80C. Consequently, the issue was restored to the Assessing Officer for fresh adjudication.
The Tribunal partly allowed the appeal by reducing the addition for unexplained cash deposits to Rs. 3.5 lakhs. The issue of depreciation on set-top boxes was restored to the Assessing Officer for fresh adjudication.
The provided text is a corrigendum to the judgment, correcting the dates of hearing and pronouncement. It does not contain the substantive decision of the tribunal.
The Tribunal allowed the assessee to file an application under Section 155(19) of the Income Tax Act for recomputation of income related to sugarcane price. For the issue of sugar sold at concessional rates, the matter was set aside to the AO for de novo adjudication. Grounds related to comparability with private sugar factories were dismissed as not admitted.
The Tribunal allowed the assessee to file an application under Section 155(19) of the Income Tax Act for recomputation of income related to sugarcane price. For the issue of sugar sold at concessional rates, the matter was set aside to the AO for de novo adjudication. Grounds related to comparability with private sugar factories were dismissed as not admitted.
The Tribunal held that while the assessee's claim of agricultural income was not fully substantiated, the addition made by the lower authorities was excessive. A lump sum addition of Rs. 2 lakhs was deemed just and proper.
The Tribunal upheld the addition of Rs. 50 lakhs as unexplained cash, stating that the assessee failed to provide any corroboratory evidence for the source of the cash. The explanation offered was not supported by human probabilities.
The ITAT found that the CIT(A) failed to adjudicate all grounds raised by the assessee and did not provide independent findings or clear reasons for its decision. Therefore, the matter was remanded back to the CIT(A) for fresh adjudication.
The Tribunal held that there is no statutory power conferred upon the CIT or the Tribunal to condone the delay in filing the application for approval under Section 80G(5). The provisions of the Limitation Act do not apply to such applications.
The Tribunal found that the lower authorities did not properly consider the mitigating circumstances for the delay in filing Form 10B and added entire receipts without computing income on a net basis. It noted that the condition of filing Form 10B is not always mandatory for claiming exemption under Section 11.
The Tribunal held that the assessee had paid the self-assessment tax and regular assessment tax before filing the appeal, and had also filed a valid return of income. Therefore, the CIT(A) erred in dismissing the appeal in limine.
The Tribunal held that notices of appeal hearing were sent only through the ITBA portal and not via physical or email, which is not effective service. Therefore, the assessee's non-appearance was not mala fide.
The Tribunal held that cooperative banks are indeed cooperative societies and interest earned from them by another cooperative society qualifies for deduction under Section 80P(2)(d). Therefore, the denial of deduction by the lower authorities was incorrect.
The Tribunal held that the CIT(A) erred in not referring the matter to the DVO for valuation as per Section 50C(2) of the IT Act, despite the assessee's request and submission of a valuer's report. The addition was partly deleted, allowing the cost of acquisition.
The Tribunal allowed the assessee to file an application under Section 155(19) of the Income Tax Act for recomputation of income related to sugarcane price. For the issue of sugar sold at concessional rates, the matter was set aside to the AO for de novo adjudication. Grounds related to comparability with private sugar factories were dismissed as not admitted.
The Tribunal held that the cause of action for challenging the interest under section 234E arose from the intimation under section 143(1), not the assessment order under section 143(3). Therefore, the appeal against the section 143(3) order on this issue was not maintainable.
The assessee's counsel sought permission to withdraw the appeal. The Departmental Representative had no objection to the withdrawal request.
The Tribunal found that the assessee's non-compliance with notices was due to serious health issues. Therefore, the orders of the lower authorities were set aside, and the matter was remanded back to the Assessing Officer for fresh consideration.
The Tribunal held that interest income earned by a cooperative society from deposits with cooperative banks and nationalized banks is eligible for deduction under Section 80P(2)(d) and 80P(2)(a)(i) respectively. The PCIT's revisionary order under Section 263 was found to be erroneous.
The Tribunal held that the CIT(Exemption) provided an unreasonably short period of time to respond to the notice, violating principles of natural justice. Therefore, the impugned order was set aside.
The Tribunal condoned the delay in filing the appeals, citing the Supreme Court's decision in Collector, Land Acquisition vs. MST Katiji. The appeals were restored to the NFAC for fresh adjudication.
The Tribunal condoned the delay in filing the appeals, holding that the assessee's averments sufficiently explained the delay as being due to reasonable cause beyond his control. The Tribunal emphasized that technicalities should not stand in the way of substantial justice.
The Tribunal condoned the delay in filing the appeals, holding that the assessee's averments sufficiently explained the delay as being due to reasonable cause beyond his control. The Tribunal noted that the lower appellate authority had not adjudicated the merits of the case.
The Tribunal condoned the delay in filing the appeals, citing the principle of substantial justice over technicalities. The appeals were restored to the NFAC for fresh adjudication.
The Tribunal condoned the delay in filing the appeal before the CIT(A) and restored the appeal for fresh adjudication on merits, as the CIT(A) had not addressed the substantive issues raised by the assessee.
The Tribunal condoned the delay in filing the appeals, holding that the assessee's averments sufficiently explained the delay as being due to reasonable cause beyond his control. The Tribunal emphasized that technicalities should not stand in the way of substantial justice.
The Tribunal condoned the delay in filing the appeal. It held that it was unclear if the assessee was given a reasonable opportunity to substantiate the source of cash deposits.
The Tribunal found that the assessee's arguments regarding payment of advance tax were not rebutted by the Revenue. Therefore, the case was restored to the NFAC for adjudication on merits.
The Tribunal condoned the delay in filing the appeal and set aside the CIT(A)'s order. It directed the CIT(A) to decide the appeal on merits after providing a reasonable opportunity of hearing to the assessee.
The Tribunal upheld the CIT(A)'s decision, finding no merit in the Revenue's argument that disallowance under Section 37 automatically precludes deduction under Section 80G. The Tribunal relied on existing judicial precedents that allow such deductions.
The tribunal held that the lower authorities erred in applying the amended Section 55A of the Income Tax Act, 1961, which had prospective effect from 01.07.2012. The tribunal followed the case law of Pooja Prints (2014) 360 ITR 697 (Bom.) and applied the pre-amendment provision.
The tribunal deleted the addition for unexplained investment as it was disclosed in the balance sheet. The addition for cash payment was deleted due to lack of justification. The addition for unexplained cash deposits was re-computed to a lump sum amount.
The Tribunal held that interest earned by a cooperative society on investments made with another cooperative bank is eligible for deduction under Section 80P(2)(d). The disallowance made by the CPC and confirmed by the CIT(A) was deleted.