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94 orders · Page 2 of 2
The Tribunal held that the revisionary order under Section 263 was not sustainable as the Principal CIT had not conducted sufficient inquiry or recorded specific findings to justify the order. The Tribunal also noted the principle of consistency followed in the assessee's own case for a prior assessment year.
The Tribunal found discrepancies between the assessee's statement and seized material regarding cash transactions and loans. The matter was remanded to the AO for fresh verification and adjudication.
The Tribunal held that the CIT(Appeals) was justified in deleting the additions. The CIT(Appeals) found that the assessee's explanations, supported by documentary evidence and settled legal principles, were acceptable, and the AO's additions were based on an incorrect appreciation of facts.
The Tribunal found that neither the Assessing Officer nor the CIT(Appeals) conducted independent inquiries to ascertain the modus operandi of the alleged bogus purchases. Therefore, the matter was restored to the Assessing Officer for necessary verification and inquiry.
The Tribunal held that the CIT(Appeals) was justified in deleting the additions. The CIT(Appeals) found that the assessee's explanations, supported by documentary evidence and settled legal principles, were acceptable, and the AO's additions were based on an incorrect appreciation of facts.
The Tribunal held that the CIT(Appeals) was justified in deleting the additions. The CIT(Appeals) found that the assessee's explanations, supported by documentary evidence and settled legal principles, were acceptable, and the AO's additions were based on an incorrect appreciation of facts.
The Tribunal held that the notice issued under Section 148 was void ab initio as the AO failed to specify the material facts not disclosed by the assessee, as required by the first proviso to Section 147. Consequently, all subsequent proceedings were deemed non-est.
The Tribunal held that the notice issued under Section 143(2) was time-barred and invalid, rendering the assessment void ab initio. The absence of a valid transfer order under Section 127 further invalidated the assessment proceedings.
The Tribunal held that the notice issued under section 148 of the Act was barred by limitation. Consequently, the reassessment order and the impugned order were quashed.
The Tribunal held that the notice issued under Section 148A(b) was void ab initio as it did not provide the mandatory minimum of seven clear days for the assessee to respond. Consequently, all subsequent proceedings were deemed a nullity.
The Tribunal held that the notice issued under section 148 of the Act was barred by limitation. Consequently, the reassessment order and the impugned order were quashed.
The ITAT held that the CIT(Appeals) erred by not confronting the additional evidence filed by the assessee with the Assessing Officer for verification and response. The matter was remanded back to the CIT(Appeals) for fresh adjudication.
The Tribunal held that issuing a notice with a shorter period than prescribed under Section 148 is a jurisdictional defect, making the notice invalid. Consequently, all reassessment proceedings based on such an invalid notice are null and void.
The Tribunal set aside the orders of the CIT(Appeals) and remanded the matters back for denovo adjudication on merits, providing one final opportunity to the assessee.
The Tribunal held that the conditions for invoking Section 69 were not met as the assessee received investments and recorded them in its books. The identity, genuineness, and creditworthiness of the investor were established.
The ITAT held that the CIT(A) is not empowered to dismiss an appeal for non-prosecution and must decide the appeal on merits. The tribunal condoned the delay in filing the appeal before it, citing sufficient cause and the principle of substantial justice.
The Tribunal set aside the ex-parte order of the CIT(Appeals) and remanded the matter back for denovo adjudication. The assessee was granted one final opportunity to present their case on merits.
The Tribunal held that once the assessee establishes repayment of loans with cogent evidence in subsequent years, additions under Section 68 cannot be sustained. The repayment through banking channels further supports the genuineness of the transactions.
The Tribunal set aside the impugned order and remanded the matter back to the CIT(E) for fresh adjudication. The assessee was granted a reasonable opportunity of being heard.
The Tribunal set aside the orders of the CIT(Appeals) and remanded the matters back for denovo adjudication on merits, providing one final opportunity to the assessee.
The Tribunal held that the inordinate delay of 717 days was due to gross negligence and a casual attitude of the assessee. Condoning such a delay would prejudice the Revenue. Therefore, the delay was not condoned.
The Tribunal held that failure to comply with the reporting requirement under Section 194C(7) is a substantive obligation and not a mere procedural lapse. The belated filing of TDS statements does not cure the default. The matter was remanded to the AO for verification of facts regarding the filing of Form 26Q.
The Tribunal set aside the order of the CIT(Appeals) and remanded the matter back for denovo adjudication. The assessee was granted one final opportunity to comply and present the case on merits.
The Tribunal held that the notice issued under Section 148A(b) was invalid and void ab initio due to the insufficient period provided for response. Consequently, all subsequent proceedings, including the assessment order, were quashed.
The Tribunal held that the AO could not simultaneously reject the assessee's explanation for cash deposits and accept its books of account. Since the bank accounts were part of the books of account, the AO implicitly accepted the disclosed sources of funds.
The Tribunal held that the notice under Section 148 was issued without valid approval from the competent authority as required by Section 151(ii) of the Act. Therefore, the reassessment proceedings are vitiated and liable to be quashed.
The Tribunal held that the excess stock found during the survey, which was unrecorded in the books of account, is not business income. Therefore, it is rightly taxed under Section 115BBE of the Act.
The Tribunal held that the notice issued under Section 148A(b) was not in accordance with the law as it failed to provide the mandatory minimum of 7 clear days for the assessee to respond. Consequently, the notice and all subsequent proceedings were quashed.
The ITAT found that the CIT(Appeals) order was passed in a summary manner without adjudicating on the additional evidence. The tribunal set aside the order and restored the matter for de novo adjudication.
The Tribunal found the CIT(A)'s order to be not well-reasoned and lacking examination of submitted documents. Therefore, the case was remanded back to the CIT(A) for fresh adjudication.
The Tribunal found that the CIT(Exemption) did not examine the reasons for the delay in filing the application or provide an opportunity to the assessee. The Tribunal set aside the CIT's order and remanded the matter back for fresh adjudication.
The Tribunal dismissed appeals with substantial delays (over 700 days) due to the assessee's negligence and lack of sufficient reasons, citing Supreme Court judgments. However, for appeals with shorter delays (270 days), the Tribunal remanded the cases back to the CIT(Appeals) to decide on the condonation of delay and merits.
The Tribunal dismissed appeals with substantial delays (over 700 days) due to the assessee's negligence and lack of sufficient reasons, citing Supreme Court judgments. However, for appeals with shorter delays (270 days), the Tribunal remanded the cases back to the CIT(Appeals) to decide on the condonation of delay and merits.
The Tribunal dismissed appeals with substantial delays (over 700 days) due to the assessee's negligence and lack of sufficient reasons, citing Supreme Court judgments. However, for appeals with shorter delays (270 days), the Tribunal remanded the cases back to the CIT(Appeals) to decide on the condonation of delay and merits.
The Tribunal dismissed appeals with substantial delays (over 700 days) due to the assessee's negligence and lack of sufficient reasons, citing Supreme Court judgments. However, for appeals with shorter delays (270 days), the Tribunal remanded the cases back to the CIT(Appeals) to decide on the condonation of delay and merits.
The Tribunal held that the reassessment proceedings were time-barred, following the Supreme Court's decision in Rajeev Bansal and the Bombay High Court's ruling in Gurpreet Singh. The AO failed to issue the notices within the 'surviving time' after the assessee's response.
For appeals with substantial delays (over 700 days), the Tribunal dismissed them as barred by limitation due to the assessee's negligence. For appeals with smaller delays (270 days), the Tribunal remanded them to the CIT(Appeals) to decide on condonation of delay and then adjudicate on merits.
The Tribunal dismissed appeals with substantial delays (over 700 days) due to the assessee's negligence and lack of sufficient reasons, citing Supreme Court judgments. However, for appeals with shorter delays (270 days), the Tribunal remanded the cases back to the CIT(Appeals) to decide on the condonation of delay and merits.
The Tribunal condoned the delay in filing the appeal and, following precedent, set aside the ex-parte order of the CIT(Appeals). The matter was remanded back for de novo adjudication on merits, providing one final opportunity to the assessee.
The Tribunal held that the notice issued under Section 148A(b) was void ab initio due to the insufficient response time provided. Consequently, the reassessment order based on this invalid notice was also quashed.
The ITAT condoned the delay of 159 days, citing judicial pronouncements that appellate authorities should not dismiss appeals solely on grounds of delay without considering merits. The matter was remanded to the CIT(Appeals) for fresh adjudication.
The Tribunal condoned the delay in filing the appeal, acknowledging the assessee's ignorance of tax proceedings. The matter was restored to the Assessing Officer for detailed verification of the sale of agricultural land as claimed by the assessee.
The Tribunal condoned the delay in filing the appeal, acknowledging the assessee's ignorance of tax proceedings. The matter was restored to the Assessing Officer for detailed verification of the sale of agricultural land as claimed by the assessee.
The Tribunal held that in the interest of natural justice, the assessee should be given one final opportunity to present reasons for the delay. The matter was remanded back to the First Appellate Authority for adjudication on the delay and then on merits if the delay is condoned.