The Tribunal examined whether an addition under section 153C could survive without seized material. It held that in an unabated year, additions are impermissible without incriminating evidence found during search, leading to deletion of the addition.
The Tribunal reaffirmed that revision cannot be exercised merely because the PCIT holds a different view. When the Assessing Officer’s view is plausible and based on enquiry, the assessment cannot be branded as erroneous or prejudicial.
The Tribunal examined whether an assessment ignoring a clear mismatch between turnover and TCS data could survive. It held that absence of enquiry on such discrepancy renders the order erroneous and prejudicial, justifying revision.
The Tribunal ruled that an appellate authority cannot dismiss an appeal solely for non-compliance and must decide it on merits, leading to remand for fresh assessment.
Despite granting several chances to appear and explain delays, the Tribunal found no genuine effort by the appellant. Discretionary relief like condonation will not be extended where conduct shows indifference.
Delhi ITAT observed that cancelling provisional registration without considering submitted documents amounts to arbitrary exercise of power. Such orders must be reconsidered after granting proper opportunity of hearing.
ITAT Dehradun held that dismissing an appeal without addressing all grounds contravenes natural justice and remanded the matter to CIT(A) for fresh adjudication.
Mumbai ITAT ruled that Section 145A is a valuation provision, not a charging mechanism, and deleted a ₹38.26 lakh MODVAT/CENVAT addition, highlighting that proper accounting and reconciliation prevent artificial income.
The Tribunal ruled that a co-operative bank continues to be a co-operative society for the purpose of Section 80P(2)(d). Deduction was therefore allowed on interest income wrongly disallowed at the CPC stage.
The Tribunal ruled that a creditor’s write-off alone cannot trigger section 41(1) taxation. The assessee’s liability persisted in its books, and the ₹10.23 crore addition was deleted.
