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75 orders · Page 2 of 2
The Tribunal held that the PCIT failed to provide an adequate opportunity of hearing to the assessee regarding the new issue of fixed asset additions. This violation of natural justice rendered the PCIT's order legally fragile.
The Tribunal held that the Assessing Officer's order was neither erroneous nor prejudicial to the interest of revenue. The AO had sufficient information and made inquiries regarding depreciation and GST credit, and the disallowance under Section 43B was already made by the assessee.
The Tribunal upheld the CIT(A)'s deletion of both additions. For the loan, it was found that the assessee provided sufficient documentation and the transaction was through banking channels. For agricultural income, the assessee regularly offered such income and provided land details, which were accepted in earlier years.
The Tribunal held that the AO's order was neither erroneous nor prejudicial to the interest of the revenue, as the AO had taken a reasonable and plausible view. The conditions for invoking revisional jurisdiction under section 263 were not met.
The Tribunal held that the revision order under Section 263 was not tenable because the issues raised by the Principal Commissioner were outside the scope of the limited scrutiny. The assessment order was neither erroneous nor prejudicial to the revenue, as it was passed after proper verification of the limited scrutiny issue.
The Tribunal set aside the ex-parte order passed by the NFAC/CIT(A) as it was passed without giving a fair and reasonable opportunity to the assessee. The matter was restored back to the Assessing Officer for adjudication afresh.
The Tribunal held that the requirement to file a claim for deduction under Chapter VI-A, such as Section 80P, is directory and not mandatory. Making the claim during the assessment proceedings, before completion, is sufficient compliance.
The Tribunal condoned the delay in filing the appeal, finding no mala fide intention. It noted that the CIT(E) rejected the application for registration under Section 12AA because the assessee, a Bar Association, did not provide a trust deed or memorandum of association approved by a competent authority, which is required for registration.
The Tribunal held that the Assessing Officer failed to provide cogent evidence to dispute the source of the cash deposits, which the assessee explained as collections from its members. The Tribunal found that the assessee had submitted sufficient documentary evidence to support its claim.
The Tribunal held that the difference between the DVO's valuation and the declared sale consideration was less than 10%. Citing various tribunal decisions, it was held that no addition can be made when this difference is below 10%.
The Tribunal condoned the delay in filing the appeal, finding the reasons provided by the assessee to be sufficient. Subsequently, the Tribunal quashed the reassessment proceedings, holding that the reasons recorded by the Assessing Officer were insufficient and lacked a live link to the formation of belief for reopening.
The Tribunal condoned the delay in filing the appeal before the NFAC, citing the assessee's medical condition as a reasonable cause. The matter was restored to the Assessing Officer for adjudication on merits.
The Tribunal held that the assessee had sufficiently explained the source of the cash deposit by providing evidence of prior withdrawals and subsequent investments. Therefore, the entire addition made by the Assessing Officer was deleted.
The Tribunal deleted the addition related to interest paid to a banking company as TDS was not applicable. It also deleted the enhancement made by the CIT(A) due to lack of proper notice. However, it directed a specific disallowance under Section 14A based on a percentage of average investment.
The Tribunal found that the CIT(A) did not pass an order on merits and violated the principles of natural justice. Therefore, the matter was restored to the Assessing Officer for fresh adjudication.
The Tribunal found merit in the assessee's submission that no proper notice was served, leading to an ex-parte order by the CIT(A) without considering the merits. The assessment order was also passed under section 144 due to lack of proper compliance.
The Tribunal held that additions for unaccounted income should be based on the period to which the seized documents relate, not extrapolated for the entire period. Only the profit element of 'on-money' should be taxed, not the entire receipt.
The Tribunal noted that the CIT(A) passed an ex-parte and non-speaking order. Given that a co-owner with identical facts was granted relief, the Tribunal directed the CIT(A) to hear the assessee on merits and consider the co-owner's case.
The Tribunal found that the assessee was not given a reasonable opportunity to present their case and that the CIT(A) passed a non-speaking order. Therefore, the assessee deserves one more opportunity to explain the facts.
The Tribunal found that the assessee did not furnish complete details in time to the AO, and the CIT(A) also did not provide sufficient time for compliance. Considering principles of natural justice and the quantum of addition, the matter was restored to the CIT(A) for fresh adjudication.
The Tribunal held that since both the assessment order and the appellate order were ex-parte and basic facts were not examined, the matter should be remitted back to the Assessing Officer for de novo adjudication. This was done in the interest of justice to provide the assessee with an opportunity to be heard.
The Tribunal condoned the delay in filing the appeal, finding it was not intentional or deliberate. On merits, the Tribunal held that merely making an incorrect claim which is disallowed by the Assessing Officer does not automatically attract penalty under Section 271(1)(c).
The Tribunal noted that the assessee did not get a sufficient opportunity to be heard and that the Assessing Officer had not examined the basic facts. Therefore, the matter was remitted back to the Assessing Officer for de novo adjudication.
The Tribunal held that the deduction under Section 54F is allowable even if the residential house consists of multiple independent units, provided they are amalgamated into one. The lower appellate authority's decision to allow the deduction was upheld.
The Tribunal held that the CIT(A)'s ex-parte order was not in accordance with Section 250(6) of the Act. The appeal was restored to the CIT(A) for a fresh decision on merits after providing an opportunity of being heard.