Income Tax - Highlights / Catch Notes

The ITAT Mumbai addressed the disallowance of relief u/s. 89 in ...

Relief u/s 89 disallowed: difference between returned and assessed income. CIT(A) order quashed for lack of reasoning, matter restored back.

Case Laws Income Tax

May 29, 2024

The ITAT Mumbai addressed the disallowance of relief u/s. 89 in an assessment order u/s. 143(3). The issue pertained to the difference between returned and assessed income, specifically regarding relief for voluntary retirement or termination of service. The tribunal noted the absence of a specific mention of any defect in the assessee's submissions in the assessment order. The CIT(A) was criticized for not addressing the main issue and passing a non-speaking order. The tribunal emphasized the need for quasi-judicial authorities to provide reasoned orders as part of natural justice principles. Consequently, the non-speaking orders were set aside, and the case was remanded to the assessing officer for a fresh reasoned assessment after granting the appellant an opportunity to be heard. The assessee's appeal was allowed.

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The ITAT Mumbai addressed the disallowance of relief u/s. 89 in ...

Relief u/s 89 disallowed: difference between returned and assessed income. CIT(A) order quashed for lack of reasoning, matter restored back.

Case Laws Income Tax

May 29, 2024

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