The ITAT ruled that a short notice period of less than 15 days constitutes a violation of the principles of natural justice, and an appeal cannot be dismissed on such grounds, even if the taxpayer fails to attend.
The ITAT Raipur ruled that unpaid VAT and Service Tax not claimed as a deduction in the P&L account cannot be disallowed under Section 43B, upholding a change of opinion as invalid.
ITAT Raipur followed Supreme Court and Delhi High Court precedents, including ACIT vs Hotel Blue Moon and Shaily Juneja vs ACIT, ruling that reassessment without service of Section 143(2) notice is arbitrary, bad in law, and void
ITAT Raipur quashed reassessment against Christi Jain due to lack of jurisdiction; order by ITO Raipur held void as AO lacked legal authority.
The ITAT Raipur has set aside an addition under Section 68 on a salaried employee’s demonetization cash deposit, citing a lack of evidence by the CIT(A).
ITAT Raipur has ruled that a CIT(A) cannot dismiss an appeal in limine due to delay, emphasizing that cases must be decided on their merits after proper inquiry.
ITAT Raipur rules that mechanical or “rubber-stamp” approvals under Section 153D are invalid, requiring the approving authority to apply independent mind and provide case-specific reasoning.
The ITAT Raipur has quashed a reassessment notice for AY 2016-17, ruling it was invalid due to a jurisdictional error where the approval was granted by an incorrect authority.
ITAT Raipur held that passing of CIT(A) order was ex-parte without hearing the assessee and there is sufficient cause shown by assessee in not attending hearings as per opportunities granted by CIT(A). Accordingly, matter remanded back to CIT(A).
ITAT Raipur restores appeal dismissed ex-parte by CIT(A), finding no proof of notice served via physical mode as opted by assessee in Form 35.
