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92 orders · Page 1 of 2
The Tribunal noted that the fresh assessment order rendered the appeal against the Section 263 order infructuous. Therefore, the assessee's request to withdraw the appeal was allowed.
The Tribunal upheld the deletion of the addition for excise duty on closing WIP, stating that only actual payments are includible and excise duty is not leviable on WIP at that stage. Regarding bonus/ex-gratia, the Tribunal agreed with the CIT(A)'s direction for limited verification by the AO.
The ITAT held that the CIT(A) erred by not considering the correct depreciation amount as per the Tax Audit Report and set aside the order on this issue. The tribunal also remanded the issue of bonus payable back to the CIT(A) for a speaking order.
The Tribunal found that the assessee did not get a reasonable opportunity to present its case and the department could not prove service of notices. Therefore, the cases were remanded back to the Assessing Officer for fresh adjudication.
The Tribunal set aside the order of the CIT(A) and remanded the matter back for fresh adjudication. The assessee was granted one more opportunity to present its case before the CIT(A).
The Tribunal found that the assessee did not get a reasonable opportunity to present its case and the department could not prove service of notices. Therefore, the cases were remanded back to the Assessing Officer for fresh adjudication.
The Tribunal held that the application for final registration was filed within the prescribed time period after obtaining provisional registration. The rejection by the CIT(E) was set aside.
The Tribunal held that since the Section 263 order was quashed by the ITAT before the AO passed the consequential order, the AO's order was invalid. The CIT(A)'s decision to allow the assessee's appeal was upheld.
The Tribunal held that the assessee failed to establish a direct nexus between the unexplained cash and its business income, despite opportunities. Therefore, the invocation of Section 69A and taxation under Section 115BBE was justified.
The Tribunal noted that the land deal was sub-judice and the final ownership and payment details were unclear. However, it acknowledged that Rs. 60,00,000 of the assessee's investment had an explained source.
The Tribunal found that the assessee did not get a reasonable opportunity to present its case and the department could not prove service of notices. Therefore, the cases were remanded back to the Assessing Officer for fresh adjudication.
The Tribunal held that the assessee was not granted adequate opportunity for hearing and the matter was decided ex-parte. The appeals were set aside to the CIT(A) for fresh adjudication after providing a reasonable opportunity.
The CIT(A) deleted the penalty, holding it was not a case of furnishing inaccurate particulars or concealment of income. The Tribunal upheld the CIT(A)'s order, noting that the jurisdictional High Court had ruled in favor of such deductions for substantial expansion.
The Tribunal held that the assessee was not granted adequate opportunity for hearing and the matter was decided ex-parte. The appeals were set aside to the CIT(A) for fresh adjudication after providing a reasonable opportunity.
The Tribunal held that the assessee was not granted adequate opportunity for hearing and the matter was decided ex-parte. The appeals were set aside to the CIT(A) for fresh adjudication after providing a reasonable opportunity.
The Tribunal held that the assessee was not granted adequate opportunity for hearing and the matter was decided ex-parte. The appeals were set aside to the CIT(A) for fresh adjudication after providing a reasonable opportunity.
The Tribunal held that the assessee was not granted adequate opportunity for hearing and the matter was decided ex-parte. The appeals were set aside to the CIT(A) for fresh adjudication after providing a reasonable opportunity.
The Tribunal held that the assessee was not granted adequate opportunity for hearing and the matter was decided ex-parte. The appeals were set aside to the CIT(A) for fresh adjudication after providing a reasonable opportunity.
The Tribunal held that while the entire compensation was received under VRS, the specific provisions for gratuity (Section 10(10)) and leave encashment (Section 10(10AA)) would govern the exemption for those components, not the general provision for retrenchment compensation under Section 10(10B).
The Tribunal set aside the order of the CIT(A) and remanded the matter back for a fresh decision. This was to provide the assessee with a reasonable opportunity to present their case.
The Tribunal held that since the source of the cash deposit in the joint account was explained and accepted in the husband's assessment, the same amount should not be taxed again in the hands of the assessee. The addition made in the assessee's case was therefore directed to be deleted after verification.
The Tribunal held that the deposits, though made in Specified Bank Notes violating RBI notification, could not be treated as unexplained income under Section 68. The source of the deposits was explained by the assessee as collections from its members.
The tribunal set aside the ex-parte orders passed by the CIT(A) and remanded the matters back to the CIT(A) for fresh adjudication. The assessee was granted a reasonable opportunity to present her case.
The Tribunal set aside the ex-parte orders passed by the CIT(A) due to the non-receipt of notices by the assessee. The matter was remanded back to the CIT(A) for a fresh decision after providing the assessee with a reasonable opportunity to present their case.
The Tribunal set aside the ex-parte orders passed by the CIT(A) and remanded the matters back for fresh adjudication. The assessee was granted an opportunity to represent her case properly.
The tribunal set aside the ex-parte orders passed by the CIT(A) and remanded the matters back for fresh adjudication. The CIT(A) was directed to provide the assessee with a reasonable opportunity to present their case.
The Tribunal held that the levy of late fee under Section 234E is mandatory and consequential for delayed filing of TDS statements. Reasonable cause for the delay cannot be a ground for deleting this fee. The Assessing Officer has no discretion but to make the adjustment as prescribed.
The Tribunal held that since the difference between the Fair Market Value (as determined by the DVO) and the purchase consideration was less than 10%, the provisions of Section 56(2)(vii)(b) read with Section 50C could not be invoked. The amendments to Section 50C, including the 10% tolerance band, were considered curative and retrospective.
The Tribunal held that an order passed in the name of a deceased person is void ab initio. Since the quantum proceedings order was quashed on this ground, the consequent penalty proceedings also deserved to be quashed.
The Tribunal held that the orders of the lower authorities were ex-parte and violated principles of natural justice. The assessee was not given a reasonable opportunity to be heard or file a reply.
The Tribunal held that the CIT(A) had violated the principles of natural justice by not considering the assessee's written submissions before passing the impugned order. Therefore, the order was set aside.
The Tribunal held that interest on fixed deposits and other investments should be treated as income from other sources, overturning the CIT(A)'s decision. However, it dismissed the Revenue's ground regarding reading and billing processing charges.
The Tribunal held that the assessee had discharged its initial burden of proof by providing documentary evidence for the purchases. The Tribunal found that the department failed to conduct adequate inquiries or establish contrary evidence, and therefore, the additions made were not justified.
The Tribunal dismissed the appeal on grounds concerning interest income from commercial banks and employees, finding them covered by previous High Court decisions. However, for other grounds where the CIT(A) had not adjudicated on merits, the appeals were remanded back to the CIT(A) for fresh adjudication.
The Tribunal dismissed the appeal on grounds concerning interest income from commercial banks and employees, finding them covered by previous High Court decisions. However, for other grounds where the CIT(A) had not adjudicated on merits, the appeals were remanded back to the CIT(A) for fresh adjudication.
The Tribunal confirmed the CIT(A)'s findings that share application money was a deemed dividend under Section 2(22)(e) and that depreciation on sewing machines was rightly disallowed as they were received on the last day of the financial year and not used for business. The appeal was dismissed due to non-compliance by the assessee.
The Tribunal held that the reopening was based on wrong facts and borrowed satisfaction, as the deposit was a loan and not income. The addition was not sustainable as per law.
The Tribunal found that the interest of justice would be served by giving the assessee an opportunity to present his case. The impugned order was set aside, and the matter was restored to the Assessing Officer for a fresh assessment.
The Tribunal held that the discrepancy occurred due to a bonafide clerical error and not intentional furnishing of inaccurate particulars or concealment of income. Therefore, the penalty levied was not justified.
The Tribunal found that the interest of justice would be served by giving the assessee an opportunity to present his case. The impugned order was set aside, and the matter was restored to the Assessing Officer for a fresh assessment.
The Tribunal found that the appeal was decided ex-parte without discussing any issue on merit. Therefore, in the interest of natural justice, the matter was remitted back to the CIT(A) for fresh adjudication on merit.
The Tribunal held that the CIT(A) passed an ex-parte order without considering the grounds of appeal or the principles of natural justice. Therefore, the matter was remitted back to the CIT(A) for a fresh decision on merits.
The Tribunal found that the assessee had reasonable cause for not properly representing their case during assessment due to family medical emergencies. The Tribunal also noted the assessee's claim of not receiving notices during appellate proceedings, resulting in an ex-parte order.
The Tribunal set aside the order of the CIT(A) and remanded the matter back to the CIT(A) for fresh adjudication on merits. The Tribunal emphasized that a proper assessment requires cumulative consideration of all material, not just survey findings.
The Tribunal held that trading in construction materials was incidental to the society's primary activity of collective disposal of labour, citing the Kerala High Court judgment in CIT vs. Uralungal Labour Contract Society. Therefore, the deduction under Section 80P was allowable on the entire income.
The Tribunal held that the CIT(A) was not justified in dismissing the appeal on the ground of non-deposit of advance tax when the assessee disputed the tax liability and contended no advance tax was due. The matter was restored to the CIT(A) for a decision on merits.
The Tribunal restored the matter to the file of the CIT(A) with a direction to consider the assessee's submissions and decide the appeal on merits after providing a proper opportunity to present the case and furnish evidence.
The Tribunal held that the premium paid on government securities was a revenue expenditure. Regarding the OTS amount, it was held that the appropriation and recognition of income should be in line with RBI guidelines and the Indian Contract Act, which occurred in later assessment years, thus avoiding double taxation.
The Tribunal acknowledged the assessee's request for a fresh hearing and, considering the principles of natural justice, remitted the matter back to the CIT(A). The CIT(A) is to decide the case afresh on merits after providing adequate opportunity of hearing to the assessee.
The Tribunal upheld the rejection of the assessee's books of accounts. However, it directed recalculation of the addition on account of low GP, adjusting the GP rate to 3.27% as per the CIT(A)'s finding.