Once the cash credit addition failed, the special tax under Section 115BBE could not survive. The Tribunal deleted the entire addition, reaffirming that consequential provisions fall with the primary addition.
It was ruled that failure to specify an exact project in Form 10 is a technical lapse. Where the charitable objects and utilisation are evident, accumulation cannot be disallowed.
The penalty was levied solely on the basis of an alleged unexplained investment under Section 69. Since the quantum addition was fully deleted, the Tribunal ruled that the penalty automatically collapses.
The issue was whether retaining both limbs of Section 271(1)(c) in the notice renders the penalty void. The Tribunal ruled that failure to strike off the inapplicable limb vitiates the proceedings. Penalties must be founded on precise allegations.
It was ruled that the bar on fresh claims applies only to assessing officers, not appellate bodies. A valid Section 54F claim must be examined on merits during appeal.
This case involved reassessment completed without serving the mandatory scrutiny notice. The Tribunal ruled that such omission is not a curable defect and invalidates the proceedings. The decision reinforces strict adherence to statutory safeguards.
The issue was whether stake money paid to horse owners attracts TDS under Sections 194B or 194BB. The Tribunal held that stake money is distinct from betting winnings and deleted the Section 201 tax and interest demand.
It was ruled that funds paid in India to a student remain an application in India under Section 11. Utilisation of the grant outside India does not violate charitable exemption provisions.
It was ruled that deciding appeals based on facts of another year is a serious legal error. The matter was sent back for reconsideration on correct facts.
The case questioned whether a cooperative banks audited expenses could be disallowed on a percentage basis for alleged non-compliance. The Tribunal ruled against arbitrary disallowance without defects in accounts.
