ITAT Rajkot Judgments — September 2021

The Tribunal held that the CIT(A)'s order was a non-speaking order and liable to be set aside. The matter was remanded back to the CIT(A) to pass a fresh, detailed, and reasoned order after considering the assessee's submissions and documents.

The Tribunal held that the amendment to Section 139(1) regarding mandatory return filing for claiming deductions is applicable from AY 2020-21 and not retrospectively. Therefore, the assessee is entitled to the claim under Section 54.

The Tribunal held that depreciation is allowable on assets of a charitable trust even if the expenditure for acquiring such assets was treated as application of income. This is to avoid double deduction and is in line with established judicial precedents.

The Tribunal allowed the withdrawal of the appeals as the assessees had opted to avail the benefits of the 'Vivad se Vishwas Scheme, 2020'. The appeals were dismissed as withdrawn, with liberty to seek restoration if the VSV scheme benefit could not be availed for bonafide reasons.