The Tribunal ruled that non-deduction of tax pursuant to subsisting High Court directions cannot attract liability under Sections 201(1) and 201(1A). The key takeaway is that employers cannot be penalized for obeying judicial mandates.
The Tribunal held that although foreign LFC reimbursements were ultimately held taxable, the bank could not be treated as an assessee-in-default for complying with a subsisting High Court direction restraining TDS deduction.
The Tribunal held that cash deposits linked to recorded cash sales could not be taxed again under Section 68, as doing so would amount to impermissible double taxation.
The Tribunal held that cash received from members and credited to their accounts could not be treated as unexplained income of the co-operative society under Section 68.
The Tribunal ruled that the Assessing Officer erred in applying a 6% net profit rate without examining comparable cases engaged in the same line of business. The decision highlights the necessity of objective criteria while estimating profits after rejection of books.
The Tribunal held that the special tax regime under Section 115BBE is confined to additions made under Sections 68 to 69D. Additions arising under normal provisions of the Act cannot automatically attract higher taxation.
The Tribunal held that preference share capital cannot be treated as unexplained cash credit once the assessee establishes identity, creditworthiness, and genuineness of investors. Documentary evidence and banking records were found sufficient to discharge the burden under Section 68.
The Tribunal held that notices issued after three years from the relevant assessment year require prior approval from the PCCIT. Approval from the PCIT in such cases renders the reassessment notice legally unsustainable.
The Tribunal ruled that an assessee who delayed filing an appeal while awaiting disposal of a Section 154 application had shown sufficient cause. The matter was restored to the CIT(A) for adjudication on merits.
The Tribunal held that Section 263 cannot be invoked where the assessee never claimed the alleged expenditure as a deduction. Without any allowance in the assessment order, there can be no prejudice to Revenue.
