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179 orders · Page 2 of 4
The Tribunal held that the CIT(Appeals) correctly deleted the additional liability due to grossing up of taxes, as there was no basis to infer that the assessee had to bear the cost of taxes payable on remittances. The Tribunal also upheld the CIT(Appeals)'s decision regarding the levy of surcharge and cess, finding no evidence from the revenue to contradict the assessee's claims about withholding tax rates.
The Tribunal held that the CIT(Appeals) correctly deleted the additional liability due to grossing up of taxes, as there was no basis to infer that the assessee had to bear the cost of taxes payable on remittances. The Tribunal also upheld the CIT(Appeals)'s decision regarding the levy of surcharge and cess, finding no evidence from the revenue to contradict the assessee's claims about withholding tax rates.
The Tribunal held that the CIT(A) failed to decide the issue regarding the levy of interest under Section 220(2) of the IT Act. Therefore, the orders of the CIT(A) were set aside and the matters were restored to his file for a fresh decision.
The Tribunal held that the CIT(A) failed to decide the issue regarding the levy of interest under Section 220(2) of the IT Act. Therefore, the orders of the CIT(A) were set aside and the matters were restored to his file for a fresh decision.
The Tribunal held that the CIT(Appeals) correctly deleted the additional liability due to grossing up of taxes, as there was no basis to infer that the assessee had to bear the cost of taxes payable on remittances. The Tribunal also upheld the CIT(Appeals)'s decision regarding the levy of surcharge and cess, finding no evidence from the revenue to contradict the assessee's claims about withholding tax rates.
The Tribunal admitted additional evidence filed by the assessee and restored the issue to the CIT(A) for fresh adjudication. The CIT(A) was directed to consider the additional evidence and obtain a remand report from the AO.
The Tribunal found that the CIT(A) had not properly adjudicated the ground raised regarding the non-issuance or non-service of notice under Section 143(2). Therefore, the issue was restored to the CIT(A) for fresh adjudication.
The Tribunal found that the CIT(A) had failed to adjudicate on the crucial ground regarding the non-issuance of notice under Section 143(2) for the first appeal and the non-disposal of objections to the reopening notice for the second appeal. Therefore, the Tribunal restored the issues to the CIT(A) for fresh adjudication.
The Tribunal held that the CIT(Appeals) correctly deleted the additional liability due to grossing up of taxes, as there was no basis to infer that the assessee had to bear the cost of taxes payable on remittances. The Tribunal also upheld the CIT(Appeals)'s decision regarding the levy of surcharge and cess, finding no evidence from the revenue to contradict the assessee's claims about withholding tax rates.
The Tribunal found that the CIT(A) had failed to adjudicate on the crucial ground regarding the non-issuance of notice under Section 143(2) for the first appeal and the non-disposal of objections to the reopening notice for the second appeal. Therefore, the Tribunal restored the issues to the CIT(A) for fresh adjudication.
The Tribunal held that the CIT(Appeals) correctly deleted the additional liability due to grossing up of taxes as per Section 195A, finding no basis to infer that the assessee had to bear the cost of taxes. The Tribunal also upheld the CIT(Appeals)'s decision regarding the levy of surcharge and cess, stating the revenue failed to provide evidence that vendors were residents of countries with higher withholding tax rates.
The Tribunal held that the CIT(Appeals) correctly deleted the additional liability due to grossing up of taxes as per Section 195A, as there was no basis to infer that the assessee had to bear the cost of taxes payable on remittances. The Tribunal also upheld the CIT(Appeals)'s decision regarding the levy of surcharge and cess, finding no evidence from the revenue to contradict the assessee's claims about withholding tax rates.
The Tribunal partially sustained the addition for unproved creditors, confirmed the reduction in gross profit estimation, and dismissed the assessee's legal grounds. The deletion of the Section 40A(3) disallowance by the CIT(A) was set aside for fresh examination.
The Tribunal condoned the delay in filing the appeals. It set aside the orders of the CIT(A) and restored the matters back to the CIT(A) for fresh decision on merits, after providing an adequate opportunity of being heard.
The Tribunal held that Section 40(a)(ia) cannot be invoked for disallowing depreciation on software. It also directed the AO to accept the assessee's methodology for calculating book profit and delete the disallowance under Section 14A as no exempt income was received.
The Tribunal held that the CIT(Appeals) correctly deleted the additional liability due to grossing up of taxes as Section 195A was not applicable. It also upheld the CIT(Appeals)'s decision regarding the levy of surcharge and cess, finding no infirmity in the order.
The Tribunal restored the transfer pricing adjustment issue for both assessment years to the AO/TPO for fresh examination, allowing the assessee to present TP studies. The Tribunal also directed the AO to allow higher depreciation on computer software, setting aside the CIT(A)'s order.
The Tribunal held that the CIT(Appeals) correctly deleted the additional liability due to grossing up of taxes, as there was no basis to infer that the assessee had to bear the cost of taxes payable on remittances. The Tribunal also upheld the CIT(Appeals)'s decision regarding the levy of surcharge and cess, finding no evidence from the revenue to contradict the assessee's claims about withholding tax rates.
The Tribunal condoned the delay in filing the appeals. It set aside the orders of the CIT(A) and restored the matters back to the CIT(A) for fresh decision on merits, after providing an adequate opportunity of being heard.
The Tribunal condoned the delay in filing the appeals. It set aside the orders of the CIT(A) and restored the matters back to the CIT(A) for fresh decision on merits, after providing an adequate opportunity of being heard.
The Tribunal held that the Assessing Officer did not have a valid reason to believe that income had escaped assessment, as the information was unclear regarding the nature of the transaction and its accounting. Reopening the assessment for a fishing inquiry is not permissible.
The Tribunal held that the employees' contribution to PF and ESI, if paid on or before the due date for filing the return of income under Section 139(1), is allowable as a deduction. This is in line with the jurisdictional High Court's decision.
The Tribunal held that the CIT(A) failed to decide the issue regarding the levy of interest under Section 220(2) of the IT Act. Therefore, the orders of the CIT(A) were set aside and the matters were restored to his file for a fresh decision.
The Tribunal condoned the delay in filing the appeal before the CIT(A), following a precedent where delay due to consultant's wrong advice was excused. The matter was remitted back to the CIT(A) for a decision on merits.
The Tribunal condoned the delay in filing the appeal before the CIT(A), setting aside the CIT(A)'s order. The matter was restored to the CIT(A)'s file for a decision on merits after providing adequate opportunity to both parties.
The Tribunal observed that the CIT(A) did not decide the issue on merits considering the assessee's submissions. Therefore, the appeal was set aside to the CIT(A) for fresh consideration.
The Tribunal held that the AO was not justified in disregarding the assessee's audited books of account and return of income based on discrepancies in an admitted incorrect soft copy. The assessment should be done denovo considering the corrected books.
The Tribunal held that the CIT(Exemption) failed to consider the provisions of Rule 11AA of the IT Rules when rejecting the 80G application. The CIT's reasons for rejection were not in accordance with the prescribed procedure.
The Tribunal held that the Goetze India Ltd. judgment applies only to claims before the Assessing Officer, not appellate authorities. Appellate authorities can entertain fresh claims if material is on record.
The Tribunal noted that the CIT(E) had granted registration under Section 12AA after verifying the assessee's activities. Following a co-ordinate bench's decision, the Tribunal restored the matter to the CIT(E) for fresh adjudication.
The Tribunal is hearing appeals related to the TPO's adjustment and the AO's restriction of Section 10A deduction. The specific decision of the Tribunal is not fully detailed in the provided excerpt.
The Tribunal held that the proviso to Section 2(15) was not applicable to the assessee's case, as its dominant objective was not profit-making but the advancement of an object of general public utility. Therefore, the assessee was entitled to the exemption under Section 11.
The Tribunal is hearing appeals related to the TPO's adjustment and the AO's restriction of Section 10A deduction. The specific decision of the Tribunal is not fully detailed in the provided excerpt.
The Tribunal upheld the CIT(A)'s decision to consider telecommunication charges in export turnover for Section 10A deduction. This was based on the jurisdictional High Court's ruling in the case of Tata Elxsi.
The Tribunal held that the proviso to Section 2(15) was not applicable to the assessee's case, as its dominant objective was not profit-making but the advancement of an object of general public utility. Therefore, the assessee was entitled to the exemption under Section 11.
The Tribunal condoned the delay in filing the appeals before the CIT(A), noting that the reasons provided were the same as in other cases where a shorter delay was condoned. The matter was restored to the CIT(A) for a decision on merits.
The Tribunal set aside the CIT(A)'s order and restored the matter to the CIT(A)'s file for a fresh decision. The CIT(A) was directed to examine the facts in light of specific judgments and compare them with the present case.
The Tribunal held that for AY 2013-14, the disallowance under Section 14A should be restricted to the amount of exempt income earned (Rs. 18,500). For AY 2014-15, the CIT(A)'s confirmation of disallowance to the extent of the entire dividend income was upheld, as the assessee did not appeal this aspect.
The Tribunal found merit in the assessee's contention that the books were seized due to circumstances beyond their control and that the addition might include opening balances. Therefore, the matter was restored to the AO for fresh examination.
The Tribunal found that the CIT(A) had not considered the assessee's submissions and had passed a non-speaking order. Therefore, the issue was restored to the CIT(A) for fresh adjudication.
The Tribunal held that the issue regarding the disallowance of loss on assignment of advances should be remanded to the AO to examine if the assessee is eligible for deduction under Section 80-IB on the enhanced profits. The Tribunal allowed the second issue, deleting the addition made to book profits concerning the provision for bad and doubtful advances.
The Tribunal remanded the issue of determination of the arm's length price of management service charges back to the TPO for fresh determination in light of developments, including a Mutual Agreement Procedure (MAP) resolution for subsequent years. The grounds related to the warranty provision were dismissed due to lack of scientific basis and proper details.
The Tribunal held that the issue regarding the inclusion of certain comparable companies, like R. System International Ltd. and Helios & Matheson Information Technology Limited, should be remanded back to the TPO for fresh examination. The Tribunal also applied the turnover filter for excluding comparables, following a High Court judgment.
The Tribunal restored the issue of disallowance under Section 14A to the AO for recomputation based on dividend-yielding investments. The claim for long-term retention bonus was dismissed as it was not paid before the due date. The rent equalization provision was restored to the AO for verification. The deduction under Section 10A was allowed by directing the AO to reduce foreign currency expenses from both export and total turnover.
The Tribunal set aside the order of the CIT(Appeals) and restored the issues to the CIT(Appeals) for fresh consideration on merits.
The Tribunal held that the disallowance for delayed PF/ESI payments was not justified, following the jurisdictional High Court's decision. However, regarding the Section 80JJAA deduction for earlier years' wages, the Tribunal found conflicting prior decisions and restored the issue to the AO for fresh consideration.
The Tribunal found that the CIT(A) did not provide a clear picture on the evidence filed and that the assessee had not sufficiently substantiated the genuineness and creditworthiness of the loan. Therefore, the Tribunal set aside the order and restored the issue to the CIT(A) for fresh adjudication.
The Tribunal held that the AO cannot disregard the book results and treat forgone profit as expenditure without invoking specific provisions of the Income Tax Act. The Tribunal followed its own earlier decision in the assessee's case for AY 2015-16.
The Tribunal found that the AO's assessment order lacked proper findings regarding the usage of cars and the interest on car loans. New facts emerged during the hearing, necessitating further examination.
The Tribunal held that the CIT(A) exceeded his powers by declaring the TDS returns as non-est. Under Section 251(1)(c) of the IT Act, the CIT(A) cannot go beyond the subject matter of the appeal, which in this case was the validity of the Section 234E fee levy.