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86 orders · Page 1 of 2
The Tribunal condoned the delay in filing both appeals, finding that the assessee had explained sufficient cause for the delay of 18 days in ITA No. 946/RJT/2024 and 22 days in ITA No. 943/RJT/2024. On merits, the Tribunal noted that the Ld. CIT(A) had not decided the grounds raised by the assessee as per the mandate of Section 250(6) of the Act. Considering the assessee's request to set aside the CIT(A)'s order and remit the matter back to the Assessing Officer for fresh adjudication, especially to allow the filing of additional evidences, and noting the absence of objection from the Revenue, the Tribunal set aside the order of the CIT(A) and restored the matter to the file of the Assessing Officer for fresh adjudication. The assessee was granted liberty to adduce relevant evidence, and the Assessing Officer was directed to provide an adequate opportunity of being heard and pass a speaking order. Consequently, the quantum appeal (ITA No. 946/RJT/2024) was allowed for statistical purposes. Regarding the penalty appeal (ITA No. 943/RJT/2024), the Tribunal held that the penalty under Section 271B would not survive as the quantum proceedings were restored to the Assessing Officer, but the Assessing Officer was given liberty to initiate fresh penalty proceedings if warranted. Thus, the penalty appeal was also allowed for statistical purposes.
The Tribunal held that the assessee filed Form 10B late, but it was available with the Assessing Officer. The Tribunal noted that an audit report can be filed at a later stage, even before the appellate authority, with sufficient cause. The denial of exemption solely based on the late filing of Form 10B was not justified.
The Tribunal found that the reasons provided for the delay in filing the appeal were convincing and constituted a reasonable cause. The delay was not deliberate or intentional but due to circumstances beyond the assessee's control. The Tribunal condoned the delay of 55 days and admitted the appeal.
The Tribunal held that the PCIT's exercise of revisional power was uncalled for and unjustified, amounting to a roving inquiry. The Tribunal found that the Assessing Officer had made due inquiries during the assessment proceedings.
The tribunal held that the cash payments for land purchase, not recorded in the books, constituted unexplained investment. However, the addition for alleged purchases was deleted as no such deduction was claimed by the assessee.
The Tribunal held that the PCIT's exercise of revisional power was uncalled for and unjustified, amounting to a roving inquiry. The Tribunal found that the Assessing Officer had made due inquiries during the assessment proceedings.
The Tribunal condoned the delay in filing the appeal before it, finding sufficient cause. It noted that the CIT(A) had issued notices but there was no finding on proper service. The Tribunal set aside the CIT(A)'s order and remanded the matter back to the AO for fresh adjudication.
The Tribunal noted that the assessee had presented a detailed chart of trading and profit and loss accounts showing various deductions claimed under Section 80P. It was observed that the CIT(A) had focused only on Section 80P(2)(d) and ignored other deductions claimed by the assessee. Therefore, the Tribunal held that the assessee did not get a proper opportunity to be heard and that the order of the CIT(A) needed to be set aside.
The Tribunal noted that the assessee could not plead its case successfully before the CIT(A) and that both lower authorities passed orders without giving due opportunities to the assessee, leaving the assessee unheard. The Tribunal emphasized that principles of natural justice and fair play require the affected party to be granted sufficient opportunity of being heard. Therefore, without delving deeper into the merits of the case, in the interest of justice, the Tribunal restored the matter back to the file of the AO for fresh adjudication. The AO is directed to pass a speaking order after affording sufficient opportunity of hearing to the assessee. The order of the CIT(A) was set aside, and the matter was remitted back to the AO. The assessee was directed to be more vigilant and submit all relevant details and documents before the AO without seeking adjournment without valid reasons. A cost of Rs. 2,000/- was imposed on the assessee, payable to the Prime Minister's National Relief Fund. The appeal was allowed for statistical purposes.
The Tribunal condoned the delay in filing both appeals, finding that the assessee had explained sufficient cause for the delay of 18 days in ITA No. 946/RJT/2024 and 22 days in ITA No. 943/RJT/2024. On merits, the Tribunal noted that the Ld. CIT(A) had not decided the grounds raised by the assessee as per the mandate of Section 250(6) of the Act. Considering the assessee's request to set aside the CIT(A)'s order and remit the matter back to the Assessing Officer for fresh adjudication, especially to allow the filing of additional evidences, and noting the absence of objection from the Revenue, the Tribunal set aside the order of the CIT(A) and restored the matter to the file of the Assessing Officer for fresh adjudication. The assessee was granted liberty to adduce relevant evidence, and the Assessing Officer was directed to provide an adequate opportunity of being heard and pass a speaking order. Consequently, the quantum appeal (ITA No. 946/RJT/2024) was allowed for statistical purposes. Regarding the penalty appeal (ITA No. 943/RJT/2024), the Tribunal held that the penalty under Section 271B would not survive as the quantum proceedings were restored to the Assessing Officer, but the Assessing Officer was given liberty to initiate fresh penalty proceedings if warranted. Thus, the penalty appeal was also allowed for statistical purposes.
The Tribunal condoned the delay of 351 days, noting the assessee's status as a senior citizen and the explanation of mitigating circumstances. The Tribunal further noted that the CIT(A) had not decided the issue on merits as per the mandate and set aside the order of CIT(A), remitting the matter back to the Assessing Officer for fresh adjudication.
The Tribunal noted that the CIT(A) passed ex-parte and non-speaking orders without discussing the merits, violating the principle of natural justice. The assessee was not given sufficient opportunity to be heard. Therefore, the matter was restored to the AO for de novo adjudication.
The Tribunal noted that the CIT(A) passed ex-parte and non-speaking orders without discussing the merits, violating the principle of natural justice. The assessee was not given sufficient opportunity to be heard. Therefore, the matter was restored to the AO for de novo adjudication.
The Tribunal condoned the delay, citing the mistake of the assessee's advocate as a sufficient cause. On merits, the Tribunal held that the mismatch in the trust's name between the PAN card and the registration certificate should not be the sole reason for rejection, especially when the PAN name is an alias. The CIT(E) should have directed the assessee to correct the PAN card.
The Tribunal noted that the CIT(A) passed ex-parte and non-speaking orders without discussing the merits, violating the principle of natural justice. The assessee was not given sufficient opportunity to be heard. Therefore, the matter was restored to the AO for de novo adjudication.
The Tribunal noted that the assessment was carried out u/s 144, and the CIT(A)'s order was ex-parte and non-speaking. The assessee was not given sufficient opportunity to be heard, and the case was not discussed on merits. Therefore, the order of the CIT(A) was set aside.
The Tribunal noted that the assessee provided details of the loan, including confirmation from the lender and repayment of the loan. The books of accounts were audited and no defects were found. The Tribunal held that the genuineness of the transaction was established, and the assessee had discharged their burden under section 68. Therefore, the addition for the unsecured loan and commission expenses was unjustified.
The Departmental Representative raised no objection to the assessee's request. Therefore, the Tribunal treated the appeal as withdrawn.
The Tribunal condoned the delay of 249 days, noting that substantial justice should be preferred over technical considerations. The Tribunal set aside the CIT(A)'s order and remitted the matter back to the CIT(A) for adjudication on merits, subject to a cost of Rs.2,000/-.
The tribunal held that the cash payments for land purchase, not recorded in the books, constituted unexplained investment. However, the addition for alleged purchases was deleted as no such deduction was claimed by the assessee.
The Tribunal held that the Assessing Officer (AO) had properly considered the facts and allowed the deduction for interest expenditure. The Tribunal relied on judicial precedents stating that the rate of interest paid is not relevant for allowing deduction under Section 57(iii) if the expenditure was incurred solely for earning income.
The Tribunal held that the AO had conducted sufficient inquiry and taken a plausible view based on the evidence. It distinguished between 'lack of inquiry' and 'inadequate inquiry', stating that the PCIT cannot revise an order merely because he has a different opinion when the AO's view is sustainable in law.
The Tribunal held that the presence of some religious objects does not automatically disqualify a trust from registration under Section 80G if its primary purpose is charitable and religious activities do not dominate. The Tribunal directed the CIT(E) to grant the approval.
The Tribunal held that the assessee had discharged the onus of proving the genuineness of unsecured loans by providing supporting documents. The Assessing Officer's reliance solely on the lenders' income tax returns without considering other evidence was found to be insufficient.
The Tribunal upheld the CIT(A)'s decision to allow the deduction under Section 80IC. It found that the Rudrapur unit met the criteria for manufacturing and that the disallowance made by the Assessing Officer was unjustified.
The Tribunal upheld the CIT(A)'s decision to allow the deduction under Section 80IC. It found that the Rudrapur unit was indeed involved in manufacturing activities and that the disallowance made by the Assessing Officer was not justified.
The Tribunal upheld the order of the CIT(A), finding that the assessee was entitled to the deduction under Section 80IC. The Tribunal noted that the CIT(A)'s decision was based on merits and similar facts in prior cases, and the Revenue failed to point out any infirmities.
The Tribunal upheld the CIT(A)'s decision to allow the deduction under Section 80IC. It found that the Rudrapur unit was eligible for the deduction, and the disallowance made by the Assessing Officer was not justified.
The Tribunal confirmed the CIT(A)'s decision to allow the deduction claimed under Section 80IC. It found that the assessee maintained separate books of account for each unit and that the Rudrapur unit's expenses were properly accounted for.
The Tribunal confirmed the CIT(A)'s decision to allow the deduction claimed under Section 80IC. It found that the assessee maintained separate books of account for each unit and that the Rudrapur unit's expenses were properly accounted for.
The Tribunal upheld the order of the CIT(A) which allowed the deduction under Section 80IC. The Tribunal found that the Rudrapur unit qualified for the deduction and that the disallowances made by the Assessing Officer were not justified.
The Tribunal held that the Assessing Officer's view was legally plausible and supported by judicial precedents, including a Supreme Court judgment. Therefore, the PCIT erred in invoking revisionary jurisdiction under Section 263.
The Tribunal upheld the CIT(A)'s decision to allow the deduction under Section 80IC. It found that the Rudrapur unit was eligible for the deduction and that the disallowances made by the Assessing Officer were not justified.
The Tribunal held that the AO had considered the assessee's submissions and documents regarding unsecured loans, including identity, creditworthiness, and genuineness, and had made a plausible assessment. The repayment of loans was also noted as a factor. Therefore, the PCIT's revisionary order under Section 263 was quashed.
The Tribunal condoned the 1700-day delay in filing the electronic appeal, stating it was caused by the CIT(A)'s direction to e-file. The Tribunal also directed the Assessing Officer to consider the assessee's revised return and the accountant's affidavit regarding the alleged errors in the original filing.
The Tribunal held that the goodwill arose from a legally approved amalgamation with commercial rationale. Since the Income Tax Department had an opportunity to object to the scheme but did not, they cannot question the genuineness later. Depreciation on goodwill was rightly allowed.
The Tribunal held that the PCIT's revisionary order was not sustainable as the AO had considered the relevant evidence and documents during the assessment. The PCIT's differing opinion on the same set of facts did not render the AO's order erroneous or prejudicial to revenue.
The Tribunal held that the reopening of assessment was valid. The addition on account of LTCG was confirmed as the transactions were found to be bogus. The exemption claimed on buy-back of shares was also denied as the company had not complied with the provisions of Section 115QA.
The Tribunal held that the reopening of assessment was valid. The addition on account of LTCG was confirmed as the transactions were found to be bogus. The exemption claimed on buy-back of shares was also denied as the company had not complied with the provisions of Section 115QA.
The Tribunal upheld the CIT(A)'s decision, finding that the commission payments to non-resident agents were not taxable in India. Therefore, the assessee was not liable to deduct TDS under Section 195.
The Tribunal held that the AO had conducted inquiries and taken a plausible view by disallowing a percentage of bogus purchases, which is supported by judicial precedents. Therefore, the AO's order was neither erroneous nor prejudicial to the interest of the revenue.
The Tribunal found both the assessment order and the CIT(A)'s ex parte order to be non-speaking and in violation of natural justice and Section 250(6). Consequently, the Tribunal set aside the CIT(A)'s order and remitted the case back to the Assessing Officer for a de novo assessment, subject to the assessee paying a cost of Rs. 2,000/- to the Prime Minister Relief Fund.
The Tribunal condoned the delay of 282 days in filing the appeal, citing the need for substantial justice and a reasonable cause presented in the affidavit. The Tribunal found that the CIT(A) passed an ex-parte order without adequate opportunity for hearing, violating principles of natural justice. The order of the CIT(A) was set aside and the matter was remitted back for fresh adjudication.
The Tribunal condoned the delay of 591 days, citing genuine hardship and the principle of substantial justice. The Tribunal also noted that the CIT(A) had not decided the issue on merits as per the mandate of Section 250(6) of the Act. The Tribunal set aside the order of the CIT(A) and restored the matter to the Assessing Officer for fresh adjudication.
The Tribunal held that the assessee trust is not a religious trust and its objects are for the general public, not restricted to a particular sect. Therefore, the rejection of the application by the CIT(E) was not sustainable.
The Tribunal held that the AO had conducted sufficient inquiry by issuing notices and receiving replies with documentary evidence. Therefore, the AO's order was not erroneous or prejudicial to the revenue, and the PCIT's revisionary order was quashed.
The Tribunal held that the assessee trust is not a religious trust and its objects are for the general public, not restricted to a particular sect. Therefore, the rejection of the application by the CIT(E) was not sustainable.
The Tribunal found that the CIT(A) did not decide the issues properly as per Section 250(6) of the Act. With no objection from the Revenue, the Tribunal set aside the CIT(A)'s order and remitted the case back to the Assessing Officer for fresh, de novo adjudication. The assessee was granted an adequate opportunity to present all relevant documents, with a cost of Rs. 2000/- imposed for non-compliance, payable to the Prime Minister National Relief Fund.
The Tribunal noted that the trust had amended its deed to ensure all objects were charitable and had provided evidence of not incurring religious expenditure. The CIT(E) had not considered these aspects and the amended deed.
The Tribunal held that the Assessing Officer lacked independent material to justify the additions, as the Excise Department's show-cause notices were not final adjudications. Relying on a jurisdictional High Court judgment, the Tribunal quashed the reassessment proceedings.