ITAT Pune ruled that a primary credit cooperative society can claim deductions under Section 80P(2)(d) for interest and dividend income from other cooperative banks, overturning Revenue’s appeal.
The Tribunal held that substantial bank deposits without filing a return provided adequate basis to reopen under section 147. Notice-service objections failed due to section 292BB, and the quantum issue was remanded for verification. The ruling confirms that prima facie material is sufficient for reassessment.
ITAT allowed assessee’s appeal against Section 68 addition, stressing that AO must evaluate annual business activity, stock, and legitimate cash sales. This decision safeguards traders during exceptional periods like demonetization.
The Tribunal held that the CIT(A) erred in dismissing the appeal solely for non-payment of advance tax without first seeking clarification from the assessee. Since the assessee acted under a bona fide belief that no advance tax was due, the ITAT restored the matter for fresh consideration. Key takeaway: procedural conditions under Section 249(4)(b) must be applied with fairness and opportunity of hearing.
The Supreme Court applied the dominant-purpose principle and concluded that an established company buying specialized process-automation software cannot claim it was for personal or self-employment use. The transaction clearly supported larger commercial operations.
ITAT Raipur set aside an ex-parte appellate order where the CIT(A) dismissed the appeal solely for non-prosecution. The matter was restored for fresh adjudication to ensure principles of natural justice are followed.
ITAT Chandigarh allowed a delayed appeal of 457 days, holding that the assessee had reasonable cause for delay and the Limitation Act provisions applied. Appeal admitted for adjudication on merits.
ITAT held that criminal and departmental actions against former office bearers justified the 204-day delay. Assessment was remanded because additions were made without examining evidence.
ITAT upholds deletion of Section 69 addition after remand verification showed property purchases were recorded as business stock. Ruling highlights that properly accounted stock-in-trade cannot be taxed as unexplained investment.
ITAT holds that the temples bona fide belief in statutory exemption justified a 607-day delay. Assessments and penalties are remanded for fresh review considering exemption applicability.
