ITAT Visakhapatnam upholds additions for demonetisation deposits but rules tax under section 115BBE for AY 2017-18 should apply at 30% instead of 60%.
The ITAT Visakhapatnam has partly allowed the appeal of Vallabhai Patel Kottapalli, an agriculturist, by restricting the tax rate on an unexplained cash deposit to 30% in-stead of 60%.
The ITAT Visakhapatnam allowed a trust’s appeal, restoring its Section 11 exemption. The sale of property to a trustee at market value was not a violation of Section 13, as no undue benefit was conferred.
The ITAT Vizag partly allowed a nursery operator’s appeal, accepting a government-certified income of ₹1 lakh per acre over the AO’s arbitrary estimate. The ruling confirms that nursery income differs from regular agricultural income.
The ITAT Visakhapatnam condoned a 284-day delay and restored the appeal of an MLA whose auditor had passed away. The tribunal ruled that the CIT(A) was wrong to dismiss the case for non-prosecution and must adjudicate on the merits.
The ITAT Visakhapatnam dismissed an appeal due to persistent defects. The ruling high-lights that failing to submit mandatory documents and fees can lead to an outright dismissal.
The ITAT has granted a final opportunity to a cooperative society in a tax dispute, despite its repeated defaults, to ensure a fair hearing on the merits of the case.
ITAT Vishakhapatnam held that dismissal of appeal by CIT(A) merely on account of non-prosecution by the assessee without disposing off on merits is not justifiable. Accordingly, order set aside and matter restored to CIT(A) for fresh adjudication.
The Income Tax Appellate Tribunal in Visakhapatnam has set aside an order by the CIT(Exemptions) that denied permanent registration to Bethany Chapel, citing a lack of detailed reasons and violating the principles of natural justice.
The ITAT Visakhapatnam ruled in favor of a commission agent, directing tax authorities to grant full TDS credit, reinforcing a key distinction between turnover and commission.
