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197 orders · Page 2 of 4
The Tribunal held that depreciation cannot be disallowed without adding the alleged bogus purchases themselves. For the revenue's appeals, the addition to book profit under Section 115JB concerning Section 14A disallowances needs independent computation.
The Tribunal held that depreciation cannot be disallowed without adding the alleged bogus purchases themselves. For the revenue's appeals, the addition to book profit under Section 115JB concerning Section 14A disallowances needs independent computation.
The Tribunal held that depreciation cannot be disallowed without adding the alleged bogus purchases themselves. For the revenue's appeals, the addition to book profit under Section 115JB concerning Section 14A disallowances needs independent computation.
The Tribunal held that depreciation cannot be disallowed without adding the alleged bogus purchases themselves. For the revenue's appeals, the addition to book profit under Section 115JB concerning Section 14A disallowances needs independent computation.
The Tribunal held that depreciation cannot be disallowed without adding the alleged bogus purchases themselves. For the revenue's appeals, the addition to book profit under Section 115JB concerning Section 14A disallowances needs independent computation.
The Tribunal held that depreciation cannot be disallowed without adding the alleged bogus purchases themselves. For the revenue's appeals, the addition to book profit under Section 115JB concerning Section 14A disallowances needs independent computation.
The Tribunal held that depreciation cannot be disallowed without adding the alleged bogus purchases themselves. For the revenue's appeals, the addition to book profit under Section 115JB concerning Section 14A disallowances needs independent computation.
The Tribunal held that depreciation cannot be disallowed without adding the alleged bogus purchases themselves. For the revenue's appeals, the addition to book profit under Section 115JB concerning Section 14A disallowances needs independent computation.
The Tribunal held that CAM charges are in the nature of contractual payments for services rendered and not for the use of premises, thus falling under Section 194C. Consequently, the assessee was not in default for deducting TDS at 2%.
The Tribunal held that depreciation cannot be disallowed without adding the alleged bogus purchases themselves. For the revenue's appeals, the addition to book profit under Section 115JB concerning Section 14A disallowances needs independent computation.
The Tribunal decided on several grounds of appeal, including the treatment of service tax receivables, disallowance of provisions, and interest levies. The specific outcomes for each ground are detailed in the full judgment.
The Tribunal noted that the CIT(A) passed an ex-parte order without hearing the assessee. In the interest of natural justice, the assessee was granted another opportunity to present its case before the CIT(A).
The Tribunal decided to remand the issue back to the Assessing Officer for a fresh consideration. The Assessing Officer was directed to examine the arguments made by both parties, keeping in mind that domestic law cannot override treaties unless bilaterally amended.
The Tribunal held that additions under Section 153A cannot be made based on material found in a search of a third party without invoking Section 153C. Assessments already concluded before the search also cannot be disturbed under Section 153A without incriminating material.
The Tribunal held that additions under Section 153A cannot be made based on material found in a search of a third party without invoking Section 153C. Assessments already concluded before the search also cannot be disturbed under Section 153A without incriminating material.
The Tribunal held that additions under Section 153A cannot be made based on material found in a search of a third party without invoking Section 153C. Assessments already concluded before the search also cannot be disturbed under Section 153A without incriminating material.
The Tribunal held that additions under Section 153A cannot be made based on material found in a search of a third party without invoking Section 153C. Assessments already concluded before the search also cannot be disturbed under Section 153A without incriminating material.
The Tribunal held that additions under Section 153A cannot be made based on material found in a search of a third party without invoking Section 153C. Assessments already concluded before the search also cannot be disturbed under Section 153A without incriminating material.
The Tribunal held that additions under Section 153A cannot be made based on material found in a search of a third party without invoking Section 153C. Assessments already concluded before the search also cannot be disturbed under Section 153A without incriminating material.
The Tribunal held that additions under Section 153A cannot be made based on material found in a search of a third party without invoking Section 153C. Assessments already concluded before the search also cannot be disturbed under Section 153A without incriminating material.
The Tribunal held that additions under Section 153A cannot be made based on material found in a search of a third party without invoking Section 153C. Assessments already concluded before the search also cannot be disturbed under Section 153A without incriminating material.
The Tribunal held that additions under Section 153A cannot be made based on material found in a search of a third party without invoking Section 153C. Assessments already concluded before the search also cannot be disturbed under Section 153A without incriminating material.
The Tribunal found merit in the assessee's contention that the TPO/DRP did not follow the prescribed methods for determining the Arm's Length Price. The issue was restored to the AO/TPO for fresh examination.
The Tribunal restored the issue of whether betting collections and disbursements are diverted at source to the AO for fresh examination, following its own prior decisions. Consequently, the disallowances under Section 40A(3) were also restored to the AO as their applicability depended on the first issue. However, the disallowances made under Section 40(a)(ia) for subsidy, contribution to turf authority, and dope testing charges were set aside and directed to be deleted, finding them not to attract TDS provisions.
The Tribunal held that the assessee is entitled to a working capital adjustment, citing previous judgments that denied such adjustments based on insufficient data or estimation difficulties are not sustainable. The TPO was directed to allow the working capital adjustment.
The Tribunal restored the issue of whether betting collections and disbursements are diverted at source to the AO for fresh examination, following its own prior decisions. Consequently, the disallowances under Section 40A(3) were also restored to the AO as their applicability depended on the first issue. However, the disallowances made under Section 40(a)(ia) for subsidy, contribution to turf authority, and dope testing charges were set aside and directed to be deleted, finding them not to attract TDS provisions.
The Tribunal found that the addition based on the oral statement and CD data was not substantiated by corroborative evidence. It held that such additions could not be made under Section 153A and remitted the issue to the AO for fresh adjudication after confronting the evidence to the assessee.
The Tribunal found that the addition based on the oral statement was not supported by evidence and was improperly made under Section 153A. The Tribunal also noted that data from a CD, without corroboration, cannot form the sole basis for an addition.
The Tribunal held that digital evidence seized during a search under Section 132 of the Income-tax Act has evidentiary value, rejecting the assessee's contention otherwise. The issue of the evidentiary value of the seized digital data was remitted back to the AO.
The Tribunal held that digital evidence seized during a search under Section 132 of the Income-tax Act has evidentiary value, rejecting the assessee's contention otherwise. The issue of the evidentiary value of the seized digital data was remitted back to the AO.
The Tribunal held that the land sold by the assessee remained agricultural land despite conversion for non-agricultural purposes, as agricultural activities continued. Therefore, the sale of the land is exempt from capital gains tax.
The Tribunal held that the reopening of assessment was bad in law as the reasons recorded did not establish escapement of income due to the assessee's failure to disclose material facts. The conditions under the first proviso to Section 147 were not satisfied.
The Tribunal held that data retrieved from computers during a search has evidential value, especially when corroborated by statements. The CIT(A)'s reliance on a case dealing with criminal conspiracy was deemed inappropriate. The Tribunal also addressed issues related to violations of Section 13(1)(c)(ii) and anonymous donations.
The Tribunal held that digital evidence seized during a search under Section 132 of the Income-tax Act has evidentiary value, rejecting the assessee's contention otherwise. The issue of the evidentiary value of the seized digital data was remitted back to the AO.
The Tribunal held that data retrieved from computers during a search has evidential value, especially when corroborated by statements. The CIT(A)'s reliance on a case dealing with criminal conspiracy was deemed inappropriate. The Tribunal also addressed issues related to violations of Section 13(1)(c)(ii) and anonymous donations.
The Tribunal found that the addition based on the oral statement was not supported by evidence and was improperly made under Section 153A. The Tribunal also noted that data from a CD, without corroboration, cannot form the sole basis for an addition.
The Tribunal held that the disallowance was incorrect as the payments were made before the due date for filing the return of income. The amendments made by the Finance Act, 2021 were considered prospective and not applicable to the assessment years in question.
The Tribunal held that if the assessee has sufficient interest-free funds, imputing notional interest on interest-free advances to related parties is not justifiable. However, the AO needs to verify the availability of such funds and the claim of no interest paid on related party loans.
The Tribunal held that data retrieved from computers during a search has evidential value, especially when corroborated by statements. The CIT(A)'s reliance on a case dealing with criminal conspiracy was deemed inappropriate. The Tribunal also addressed issues related to violations of Section 13(1)(c)(ii) and anonymous donations.
The Tribunal found that the addition based on the oral statement was not supported by evidence and was improperly made under Section 153A. The Tribunal also noted that data from a CD, without corroboration, cannot form the sole basis for an addition.
The Tribunal found that the addition based on the oral statement was not supported by evidence and was improperly made under Section 153A. The Tribunal also noted that data from a CD, without corroboration, cannot form the sole basis for an addition.
The Tribunal found that the addition based on the oral statement was not supported by evidence and was improperly made under Section 153A. The Tribunal also noted that data from a CD, without corroboration, cannot form the sole basis for an addition.
The Tribunal found that the addition based on the oral statement was not supported by evidence and was improperly made under Section 153A. The Tribunal also noted that data from a CD, without corroboration, cannot form the sole basis for an addition.
The Tribunal found that the addition based on the oral statement was not supported by evidence and was improperly made under Section 153A. The Tribunal also noted that data from a CD, without corroboration, cannot form the sole basis for an addition.
The Tribunal found that the addition based on the oral statement was not supported by evidence and was improperly made under Section 153A. The Tribunal also noted that data from a CD, without corroboration, cannot form the sole basis for an addition.
The Tribunal held that the disallowance was incorrect as the payments were made before the due date for filing the return of income. The amendments made by the Finance Act, 2021 were considered prospective and not applicable to the assessment years in question.
The Tribunal held that the land sold by the assessee remained agricultural land despite conversion for non-agricultural purposes, as agricultural activities continued. Therefore, the sale of the land is exempt from capital gains tax.
The Tribunal noted that neither the AO nor CIT(A) had the benefit of a High Court decision on similar facts. The Tribunal directed the AO to re-examine the issue in light of the High Court ruling, allowing the appeals for statistical purposes.
The Tribunal noted that neither the AO nor CIT(A) had the benefit of a High Court decision on similar facts. The Tribunal directed the AO to re-examine the issue in light of the High Court ruling, allowing the appeals for statistical purposes.
The Tribunal held that additions made under Section 153C cannot be sustained if they are not based on incriminating material found during the search. The assessment proceedings were unabated prior to the search, and no additions can be made under Section 153C without such material.