The Tribunal sent the matter back to the Commissioner (Appeals) for fresh adjudication after the assessee challenged the validity of the Section 148 notice. The issue relating to notices issued by a Jurisdictional Assessing Officer instead of a Faceless Assessing Officer was left open for reconsideration.
The Tribunal held that reassessment proceedings initiated against a deceased person are void ab initio. Since the department had prior knowledge of the death, failure to issue notice to the legal heir made the assessment invalid.
The Nagpur ITAT restored the issue of alleged unexplained investment to the Assessing Officer after observing that adequate opportunity was not granted before lower authorities. The Tribunal held that principles of natural justice required fresh examination of the assessee’s records.
The ITAT Nagpur held that receipts reflected in Form 26AS cannot automatically be treated as taxable turnover without verification and reconciliation with books of account and service tax records. The matter was remanded to the AO for fresh examination and cross-verification.
The ITAT Nagpur held that only the gross profit embedded in unrecorded sales can be taxed and not the entire sales amount under Section 69A. The Revenue’s appeal seeking full addition was dismissed.
ITAT Nagpur held that reassessment proceedings cannot survive without issuance of a mandatory notice under Section 143(2). The Tribunal ruled that participation by the assessee does not cure complete absence of statutory notice.
The Tribunal condoned a 60-day delay after accepting explanations relating to migration of the ITAT portal and the death of a family member. The registration dispute was thereafter heard on merits.
The Nagpur ITAT held that exemption under Section 54B requires evidence of active agricultural operations and not merely agricultural classification in revenue records. The assessee’s failure to produce supporting evidence led to denial of exemption.
ITAT Nagpur held that nominal donations received in small amounts could not be treated as non-voluntary contributions merely because PAN or full address details of donors were unavailable. The Tribunal found no adverse evidence questioning the genuineness of donations or activities.
DCIT Vs Shikha Indrakumar Agrawal (ITAT Nagpur) The Nagpur Bench of the Income Tax Appellate Tribunal dismissed the Revenue’s appeal and upheld deletion of additions made under Sections 68 and 69C in respect of long-term capital gains claimed as exempt under Section 10(38) on sale of listed shares. The assessee had purchased 24,000 shares of […]
