ITAT Hyderabad held that the Supreme Court’s COVID-19 limitation extensions apply only to judicial and quasi-judicial proceedings and not to statutory deadlines like filing TDS statements. Consequently, the levy of late filing fee under section 234E was upheld for delayed TDS returns.
The ITAT Chennai held that an application filed after the extended deadline should be examined under the amended Section 80G provisions introduced by the Finance Act 2024. The Tribunal directed the authority to reconsider the application under the new clause allowing filing after commencement of activities.
The Tribunal ruled that filing Form 9A is not required when a charitable trust sets off earlier years’ excess application against current year income. The set-off is allowable as application of income under Section 11.
ITAT Raipur held that the appellate authority must pass a reasoned order on merits under Section 250(6) and cannot dismiss an income tax appeal solely for non-prosecution.
The ITAT Gauhati ruled that relief under Section 89(1) cannot be denied solely because Form 10E was not filed before the due date. The Tribunal held that procedural lapses should not defeat substantive tax relief where eligibility is otherwise established.
ITAT Delhi held that additions under Section 153A cannot be sustained without incriminating material discovered during a search, leading to deletion of major additions and dismissal of Revenue appeals.
The Tribunal upheld revision under Section 263 after finding that the Assessing Officer failed to conduct enquiry into excess diesel shortage claimed by the assessee. It held that incomplete enquiry makes the assessment order erroneous and prejudicial to revenue.
The Tribunal noted that the assessment proceedings were conducted during the COVID-19 pandemic and the assessee could not respond to certain notices. The case was restored for reconsideration after giving adequate opportunity.
ITAT Chandigarh upheld penalty under Section 271C as exemption under Section 10(5) applies only to travel within India, requiring TDS on foreign travel reimbursements.
The ITAT held that provision for dealer incentives under a sales promotion scheme was based on a scientific method and not a contingent liability. The disallowance made by the tax authorities was therefore deleted.
