Income Tax : ITAT held that where sales are not disputed, entire purchases cannot be disallowed. Only 15% profit element was taxed, reinforcing...
Income Tax : The Tribunal quashed reassessment proceedings as they were based on a mere change of opinion without any fresh tangible material. ...
Income Tax : The issue involved levy of late fees on TDS returns processed before statutory amendment. The Tribunal held that absence of enabli...
Income Tax : The Tribunal held that valuation without giving the assessee an opportunity to object violates natural justice. It remanded the ma...
Income Tax : The Tribunal condoned delay due to reasonable cause and addressed valuation mismatch. It remanded the issue for DVO-based reassess...
ITAT required the Assessing Officer to verify whether the correct tax credit was allowed. The assessee must present supporting evidence, ensuring accurate refunds under the Income Tax Act.
The Tribunal found the Final Assessment Order invalid as it was issued before the 30-day objection period under Section 144C expired. This violated the assessee’s procedural rights. All transfer pricing adjustments and tax demands linked to the order were deleted, partly allowing the appeal.
The Tribunal condoned a 27-day delay after accepting the assessee’s affidavit explaining non-intentional default and lack of familiarity with e-proceedings. It held that the CIT(A) wrongly dismissed the first appeal ex parte without addressing merits. The matter was remanded for fresh adjudication with full opportunity of hearing.
ITAT observed that NFAC neither followed the mandatory remand requirement under Section 251(1) nor complied with the speaking-order mandate of Section 250(6). Accordingly, the matter was remitted to be adjudicated strictly as per the amended law.
The Tribunal emphasized that statutory obligations under Section 250(6) cannot be bypassed even when the assessee defaults in appearance. Lack of reasoning and non-discussion of issues rendered the NFAC’s ex-parte order unsustainable.
ITAT Ahmedabad remands the matter after persistent non-compliance, directing the assessee to prove the source of cash payments against credit-card expenses. A cost of ₹5,000 to PMNRF is imposed as a condition for fresh examination.
NFAC’s ex-parte dismissal of large 54F claim overturned due to procedural lapses and miscommunication. Assessee granted fresh opportunity to substantiate ₹3.10 Cr exemption claim.
ITAT allows fresh hearing as assessee’s appeal was dismissed because notices were emailed despite opting for postal delivery. Emphasizes importance of respecting communication preferences in tax proceedings.
Tribunal rules that Souharda societies registered under state law qualify as cooperative societies under section 2(19), allowing 80P(2)(a)(i) and 80P(2)(d) deductions. Revenue’s appeal dismissed.
ITAT Mumbai held that transaction of sale of shares is not business income since assessee was never involved in the business affairs of the company. Further, consideration is treated as capital gain inspite of non-compete fee since no specific amount assigned towards non-compete fee in share purchase agreement.
