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194 orders · Page 2 of 4
The Tribunal considered the assessee's submission and application for withdrawal under the "Vivad se Vishwas" Scheme. The appeal was dismissed as withdrawn.
The Tribunal held that the CIT(A) did not specify the basis for imposing the penalty, and the notice under Section 274 read with Section 271(1)(c) was also unclear. The additions made by the AO did not necessarily imply concealment of income or filing of inaccurate particulars.
The Tribunal admitted additional evidence showing the pending payments were made in a subsequent year. It held that these documents were crucial and required fresh adjudication by the AO.
The Tribunal held that penalty under section 271(1)(c) cannot be levied when the addition to income is based on estimations, especially when the basis for such estimation changed across different levels of appeal. The Tribunal relied on the jurisdictional High Court's decision in CIT vs. Subhash Trading Co.
The Tribunal held that the 'on-money' receipts had a direct nexus with the assessee's business activities and should be taxed under the head 'business and profession', not under deeming provisions. Consequently, this income is eligible for calculating partner remuneration.
The Tribunal held that since the PCIT's order under section 263 was quashed by the ITAT, the subsequent proceedings and the Revenue's appeal arising from it were not maintainable and thus infructuous. Therefore, the appeals were dismissed.
The Tribunal held that the Assessing Officer did not properly verify the parties or provide sufficient opportunity for the assessee to produce evidence. Therefore, the issue of disallowance was remitted back to the Assessing Officer for proper adjudication.
The Tribunal held that since the assessee could not avail the VSV scheme, the appeal should be decided on merits. The Tribunal set aside the order of the CIT(A) and remanded the matter for fresh adjudication.
The Tribunal held that Corporate Debt Restructuring expenses are revenue in nature, not capital expenditure, citing Supreme Court decisions. Regarding delayed payment charges, the Tribunal upheld the deletion of additions to book profits, agreeing that the assessee correctly followed accounting standards and the Companies Act.
The Tribunal held that Corporate Debt Restructuring expenses are revenue in nature, not capital expenditure, citing Supreme Court decisions. Regarding delayed payment charges, the Tribunal upheld the deletion of additions to book profits, agreeing that the assessee correctly followed accounting standards and the Companies Act.
The Tribunal held that Corporate Debt Restructuring expenses are revenue in nature, not capital expenditure, citing Supreme Court decisions. Regarding delayed payment charges, the Tribunal upheld the deletion of additions to book profits, agreeing that the assessee correctly followed accounting standards and the Companies Act.
The Tribunal found that the CIT(A) failed to consider the submissions and case laws provided by the assessee. Therefore, the matter was set aside to the CIT(A) to pass a fresh order after considering all relevant materials.
The Tribunal found that the CIT(A) failed to consider the submissions and case laws provided by the assessee. Therefore, the matter was set aside to the CIT(A) to pass a fresh order after considering all relevant materials.
The Tribunal found that the CIT(A) failed to consider the submissions and case laws provided by the assessee. Therefore, the matter was set aside to the CIT(A) to pass a fresh order after considering all relevant materials.
The Tribunal found that the CIT(A) failed to consider the submissions and case laws provided by the assessee. Therefore, the matter was set aside to the CIT(A) to pass a fresh order after considering all relevant materials.
The Tribunal upheld the disallowance of expenses for gifts and freebies to doctors, following the Supreme Court ruling in Apex Laboratories. The issue of set-off of carried forward losses was restored to the Assessing Officer for fresh adjudication.
The Tribunal found sufficient cause for the assessee's non-compliance with the CIT(A)'s notices, attributing it to the assessee being an illiterate agriculturist and relying on a consultant. The ex parte order of the CIT(A) was set aside.
The Tribunal, noting that additional evidence was filed for the first time and not in compliance with rules, decided to remit the issue of commission payment to foreign agents back to the AO for fresh consideration. The disallowance of employees' contribution to PF/ESI was upheld following the jurisdictional High Court's decision.
The ITAT dismissed several grounds of appeal for both the Revenue and the assessee, upholding the CIT(A)'s decisions on various expenses and disallowances. However, one ground related to rent and insurance of a closed unit was remanded back to the AO for verification.
The Tribunal partly allowed the appeals of both the Revenue and the assessee. Several grounds of appeal were dismissed, while one ground was remanded back to the Assessing Officer for further verification.
The Tribunal noted that the assessee had affirmed the existence of a condonation of delay application in an affidavit and mentioned it in Form 35. Therefore, to ensure substantial justice, the matter was remanded back to the CIT(A) to consider the condonation application and the appeal on merits.
The Tribunal upheld the deletion of the disallowance under Rule 8D(2)(ii) by the CIT(A), finding that the assessee had sufficient interest-free funds for investments. It also upheld the deletion of the addition to book profit, following a Special Bench decision that disallowances under Section 14A are notional and not includible in book profit.
The Tribunal allowed the claim for depreciation on instruments placed at customer sites, finding the disallowance unjustified. However, the provision for warranty was disallowed as the assessee failed to provide a proper scientific method or correlation for the provision.
The Tribunal set aside the matter back to the AO for a fresh decision, subject to a penalty of Rs. 1000 on the assessee for wasting the revenue's time. The AO is to provide an opportunity of being heard to the assessee.
The Tribunal dismissed the appeals filed by the Revenue, respectfully following the decision of the Hon'ble Gujarat High Court in the assessee's own case. The High Court had held that payments made to doctors for attending conferences did not fall under the definition of 'commission' as per Section 194H.
The Tribunal held that the AO's jurisdiction was limited to the issues raised in the limited scrutiny notice. Since the PCIT's direction to re-examine the property purchase was outside the scope of the limited scrutiny, it was considered an excess of power. Therefore, the PCIT's order was set aside.
The Tribunal held that the statement of a searched person, without identification of incriminating material, cannot be considered as evidence against the assessee. The CIT(A)'s order deleting the addition was upheld.
The Tribunal dismissed the appeals filed by the Revenue, respectfully following the decision of the Hon'ble Gujarat High Court in the assessee's own case. The High Court had held that payments made to doctors for attending conferences did not fall under the definition of 'commission' as per Section 194H.
The Tribunal dismissed the appeals filed by the Revenue, respectfully following the decision of the Hon'ble Gujarat High Court in the assessee's own case. The High Court had held that payments made to doctors for attending conferences did not fall under the definition of 'commission' as per Section 194H.
The ITAT held that for Assessment Year 2011-12, prior to the amendment introducing Section 115BBE, an individual assessee was entitled to the basic exemption limit and slab rates on deemed income from unexplained investments. The tribunal directed the AO to rectify the assessment under Section 154 to provide these benefits to the assessee.
The Tribunal held that interest earned by a cooperative society on its surplus funds deposited with other cooperative banks is eligible for deduction under Section 80P(2)(d) of the Income Tax Act. This decision followed precedents from the Gujarat High Court and other tribunals.
The Tribunal held that since the trust is a public charitable trust and its trustees are not entitled to any share of income, the CBDT circular 320 of 1982 is applicable. Therefore, tax should be charged at the normal rate applicable to an individual, including the basic exemption limit.
The Tribunal held that since the trust is a public charitable trust and its trustees are not entitled to any share of income, the CBDT circular 320 of 1982 is applicable. Therefore, tax should be charged at the normal rate applicable to an individual, including the basic exemption limit.
The Tribunal held that the CIT(A) did not err in allowing the assessee's appeal. The decision was based on the ITAT's prior ruling that quashed the Pr. CIT's order under Section 263, making the subsequent assessment order infructuous.
The Tribunal held that the assessee was a mere investor and not a trader in land, as evidenced by the lack of land sales in previous years and the long holding period of the sold properties. Therefore, the gains were correctly treated as capital gains.
The Tribunal held that interest income earned by a cooperative society on its investments with a cooperative bank is eligible for deduction under Section 80P(2)(d) of the Income Tax Act. They followed the Gujarat High Court's decision on this matter.
The Tribunal noted that the CIT(Exemption) did not provide adequate opportunity to the assessee to present its case. Therefore, the matter was restored to the file of the CIT(Exemption) for fresh consideration after giving due opportunity of hearing.
The Tribunal found that the assessee claimed to have submitted the required documents, which the CIT(Exemption) seemingly overlooked. Therefore, the matter was restored to the CIT(Exemption) for fresh consideration.
The Tribunal condoned the delay in filing the appeal and, in the interest of justice, restored the case to the Assessing Officer. This was to allow the assessee a proper opportunity to present their case on merits, as both the assessee's counsel and the DR agreed.
The Tribunal held that the Assessing Officer (AO) had omitted to properly verify certain crucial details, leading to an assessment order that was erroneous and prejudicial to the revenue. Consequently, the Principal CIT was justified in setting aside the assessment order.
The Tribunal held that the disallowance made by the CPC under section 143(1) for delayed deposit of employee's contribution to PF/ESI is strictly in accordance with law, following the jurisdictional High Court's decision.
The Tribunal set aside the order of the CIT(A) and remanded the case back for de novo adjudication. The assessee was directed to cooperate in the proceedings.
The Tribunal restored the capital gains issue for AY 2013-14 to the CIT(A) for fresh consideration based on specific directions. The disallowance of 10% of agricultural expenses for AY 2013-14 was upheld due to lack of supporting evidence.
The Tribunal held that the DVO's valuation was excessive as it did not consider comparable properties in the same vicinity with similar marketability and clear titles. It also found that using CPWD rates without comparing them to State PWD rates was improper. The matter was restored to the AO for re-working the sale consideration.
The Tribunal restored the capital gains issue for AY 2013-14 to the CIT(A) for fresh consideration based on specific directions. The disallowance of 10% of agricultural expenses for AY 2013-14 was upheld due to lack of supporting evidence.
The Tribunal held that the assessee failed to discharge its onus to prove the genuineness of the purchases and did not comply with the ITAT's directions. The entire amount of bogus purchases was rightly disallowed by the lower authorities.
The Tribunal decided that the assessee's activities constituted development of infrastructure facilities, entitling it to deduction under Section 80IA(4). Consequently, penalties imposed under Section 271(1)(c) related to the disallowed deduction were also quashed.
The Tribunal decided that the assessee's activities constituted development of infrastructure facilities, entitling it to deduction under Section 80IA(4). Consequently, penalties imposed under Section 271(1)(c) related to the disallowed deduction were also quashed.
The Tribunal decided that the assessee's activities constituted development of infrastructure facilities, entitling it to deduction under Section 80IA(4). Consequently, penalties imposed under Section 271(1)(c) related to the disallowed deduction were also quashed.
The Tribunal decided that the assessee's activities constituted development of infrastructure facilities, entitling it to deduction under Section 80IA(4). Consequently, penalties imposed under Section 271(1)(c) related to the disallowed deduction were also quashed.