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223 orders · Page 1 of 5
The Tribunal held that the assessment order passed by the Assessing Officer was invalid due to the lack of proper jurisdiction, as the transfer of the case did not comply with Section 127. Consequently, any additions made to the assessee's income in that order were unsustainable.
The Tribunal held that the CIT(A) erred in rectifying his own order under Section 154, as the Revenue should have approached the ITAT or High Court for any perceived mistake. The Tribunal also noted that the issue of plot area was considered in the first round of litigation.
The Tribunal held that the CIT(A) erred in rectifying his own order under Section 154, as the Revenue should have approached the ITAT or High Court for any perceived mistake. The Tribunal also noted that the issue of plot area was considered in the first round of litigation.
The Tribunal held that the Assessing Officer had conducted proper inquiries and verified the details submitted by the assessee during the assessment proceedings. Therefore, the assessment order could not be considered erroneous and prejudicial to the revenue.
The Tribunal held that the Assessing Officer (AO) cannot levy penalty solely based on additions made during assessment proceedings. The AO must conduct independent verification to establish concealment or furnishing of inaccurate particulars, which was not done in this case.
The Tribunal held that the income derived from fixed deposits with banks is not generated from the core business of banking or providing credit facilities to members. Therefore, it does not qualify for deduction under Section 80P.
The Tribunal noted that the tax effect did not exceed the revised monetary limit specified in the CBDT circular. The Revenue's counsel admitted the applicability of the circular.
The Tribunal noted that the primary evidence for diversion of sales stemmed from proceedings pending in a court of law, which had not been resolved even after 20 years. Without a final outcome in those proceedings, the revenue's allegations lacked conclusive support.
The ITAT condoned the delay in filing the appeal due to the partner's medical condition. The Tribunal restored the case to the Assessing Officer for de-novo decision to ensure natural justice.
The Tribunal noted that the core issue of diversion of sales was based on proceedings pending in a court of law. Since the outcome of that case was crucial and unresolved after 20 years, the Tribunal could not definitively adjudicate the matter.
The Tribunal noted that the primary evidence for diversion of sales stemmed from proceedings pending in a court of law, which had not been resolved even after 20 years. Without a final outcome in those proceedings, the revenue's allegations lacked conclusive support.
The Tribunal noted that the primary evidence for diversion of sales stemmed from proceedings pending in a court of law, which had not been resolved even after 20 years. Without a final outcome in those proceedings, the revenue's allegations lacked conclusive support.
The Tribunal noted that the primary evidence for diversion of sales stemmed from proceedings pending in a court of law, which had not been resolved even after 20 years. Without a final outcome in those proceedings, the revenue's allegations lacked conclusive support.
The Tribunal held that the appeal filed by the Revenue was not maintainable as the tax effect was below the enhanced monetary limit for filing appeals. The Revenue was granted liberty to move an application for recalling the order if their case fell under exceptions.
The Tribunal upheld the addition for late deposit of employee provident fund contributions, agreeing with the jurisdictional High Court's decision. For excess depreciation, the matter was remanded for fresh examination based on a co-ordinate bench's ruling. For interest disallowance on capital work in progress, the Tribunal, following a co-ordinate bench decision, directed deletion of the addition after factual verification.
The Tribunal noted that the primary evidence for diversion of sales stemmed from proceedings pending in a court of law, which had not been resolved even after 20 years. Without a final outcome in those proceedings, the revenue's allegations lacked conclusive support.
The Tribunal allowed the appeal for statistical purposes, restoring the interest expense disallowance issue to the AO for verification. It also directed the AO to refund taxes collected on property sales in AY 2012-13 due to double taxation and remitted the rent income issue for factual verification.
The Tribunal held that disallowance under Section 14A cannot exceed the amount of exempt income earned. Since the assessee did not earn any exempt income, the disallowance made by the AO was deleted.
The Tribunal found substance in the assessee's plea regarding violation of natural justice. The ex parte order of the CIT(A) was set aside as it lacked objectivity and could lead to a miscarriage of justice.
The Tribunal held that disallowance under Section 14A cannot exceed the amount of exempt income earned. Since the assessee did not earn any exempt income, the disallowance made by the AO was deleted.
The Tribunal held that the assessee's primary object was the advancement of general public utility, and income generated from trade fairs was incidental to achieving this main object. Therefore, the assessee was entitled to exemption under Section 11.
The Tribunal upheld the disallowance of commission paid to the mother-in-law and partially upheld the disallowance of commission to 774 parties. The disallowance of salary expenses was restricted to 50%, and the treatment of short-term capital gains as business income was also upheld as per the CIT(A)'s order.
The Tribunal held that the Revenue's appeals were not maintainable as the tax effect was below the threshold limit specified in CBDT Circular No. 17/2019, which has retrospective effect. The appeals were dismissed on this ground.
The Tribunal allowed the deduction under Section 80GGC, deleted the addition on unexplained investment and unexplained capital, and allowed the disallowance of expenses under Section 40A(3). The ground challenging the ex-parte order was dismissed.
The Tribunal held that the assessee had subsequently filed a letter from the Dy. Development Commissioner, SEEPZ, SEZ, confirming the approval of the Board of Approvals. Therefore, the condition for deduction under Section 10B was met.
The Tribunal held that Section 14A disallowance is not applicable if there is no exempt income. It also held that Forex loss adjustment to the cost of assets is permissible. The cross-objection regarding employees' contribution was dismissed as it was covered against the assessee by the jurisdictional High Court.
The Tribunal condoned the delay in filing the cross-objection, finding the assessee's reasons to be bona fide. The assessment framed under Section 147 without issuing a notice under Section 143(2) was held unsustainable.
The tribunal presumed the assessee was not serious in pursuing the appeal due to their absence. Consequently, the appeal was dismissed without considering the merits.
The Tribunal condoned the delay in filing the cross-objection, finding the assessee's reasons to be bona fide. The assessment framed under Section 147 without issuing a notice under Section 143(2) was held unsustainable.
The Tribunal held that the Revenue's appeals were not maintainable as the tax effect was below the threshold limit specified in CBDT Circular No. 17/2019, which has retrospective effect. The appeals were dismissed on this ground.
The Tribunal held that the appeal was not maintainable due to low tax effect, as per CBDT Circular No. 17/2019. The circular restricts appeals where the tax effect is below Rs. 50 lakhs and is applicable retrospectively.
The Tribunal presumed the assessee was not serious in pursuing the appeals due to non-representation. The appeals were dismissed in limine.
The Tribunal condoned the delay in filing the cross-objection, finding the assessee's reasons to be bona fide. The assessment framed under Section 147 without issuing a notice under Section 143(2) was held unsustainable.
The Tribunal acknowledged that the sales corresponding to these purchases were not disputed and that the assessee's audited books of accounts were not rejected. However, considering the practice of purchasing from the grey market and the lack of response from purchase parties, the Tribunal directed an ad-hoc addition of 5% of the purchases to prevent revenue leakage.
The Tribunal held that the disallowance under Section 14A cannot exceed the exempt income earned. Following the Gujarat High Court's decision in CIT vs. Corrtech Energy Pvt. Ltd., the CIT(A)'s order was upheld.
The Tribunal, noting the absence of the assessee and the lack of an adjournment request, dismissed the appeal in limine. The assessee was granted liberty to seek recall of the order if prevented by sufficient cause.
The Tribunal held that the commission income in the hands of foreign agents was not chargeable to tax in India. Therefore, the assessee was not liable to deduct TDS on such payments.
The Tribunal dismissed the Revenue's appeals, upholding the CIT(A)'s decision. It relied on previous judgments in the assessee's own case and High Court decisions regarding the nature of transaction charges and capital gains from shares.
The Tribunal deleted the addition on account of VAT refund, finding that the assessee had made an accounting entry error but the refund was not income. For expenses, the Tribunal partly allowed the appeal, restricting the disallowance on foreign travel expenses to 20% due to lack of supporting documents.
The Tribunal, following its own previous decision in the assessee's own case for the preceding assessment year, held that the disallowance made under Section 14A and imported to Section 115JB for book profit computation was not justified.
The Tribunal found that the assessee had disclosed appropriate particulars of the expenses and the circumstances under which they were incurred. Therefore, there was no concealment of income or furnishing of inaccurate particulars.
The Tribunal found that the communication from the CIT(E) was opaque and lacked specific details regarding the required documents. Therefore, the case was restored to the CIT(E) for fresh adjudication after providing the assessee with an adequate opportunity to present their case.
The Tribunal held that the assessee failed to disclose material facts relating to the unreported income. The reliance on a Bombay High Court judgment was distinguished as the assessee had direct knowledge of the income received.
The Tribunal held that the appeal was liable to be dismissed as the tax effect did not exceed the revised monetary limit of Rs. 50 Lakhs, as per the CBDT circular.
The Tribunal found that the communication from the CIT(E) was opaque and lacked specific details regarding the required information. Therefore, the cases were restored to the CIT(E) for fresh adjudication after providing the assessee with an adequate opportunity to present their case.
The Tribunal held that DEPB and VKUY benefits are not eligible for deduction under Section 80IB, following the Supreme Court decision in Liberty India. It also held that interest paid on sales tax liability is an allowable business expenditure. The disallowance under Section 14A was deleted as no exempt income was earned.
The Tribunal dismissed the Revenue's appeals due to low tax effect, as per CBDT instructions. The assessee's appeal regarding inflated labour payments was rejected, while the issue of estimated net profit was remanded to the CIT(A) for re-adjudication.
The Tribunal held that the capital gain of a property cannot be determined by rejecting the assessee's registered valuer's report without obtaining a valuation report from the DVO.
The Tribunal held that the AO and CIT(A) failed to consider the jurisdictional High Court's judgment allowing deduction under Section 80HHC on export incentives like DEPB. Therefore, the issue was remitted to the AO for fresh computation.