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164 orders · Page 2 of 4
The Tribunal held that since the Revenue failed to rectify the defects and the appeals were time-barred beyond the condoned period, the appeals were not maintainable.
The Tribunal restored the appeals to the Assessing Officer (AO) for re-adjudication. The AO needs to verify if the additions made in one assessee's case for AY 2006-07 include the peak credits from the undisclosed bank accounts of both assessees.
The Tribunal restored the appeals to the Assessing Officer (AO) for re-adjudication. The AO needs to verify if the additions made in one assessee's case for AY 2006-07 include the peak credits from the undisclosed bank accounts of both assessees.
The Tribunal held that the market value of the property in the hands of the previous owner (the assessee's mother) should be considered for capital gains computation, not the value on the date of inheritance. The order of the lower authority was confirmed.
The Tribunal found that the assessee had not provided sufficient material to prove that the management fee was incurred wholly and exclusively for business purposes. Therefore, the matter was remitted back to the AO for re-examination.
The Tribunal held that roaming charges cannot be considered as fees for technical services. Therefore, Section 194J of the Income-tax Act is not applicable to such charges.
The Tribunal found that the assessee had not provided sufficient material to prove that the management fee was incurred wholly and exclusively for business purposes. Therefore, the matter was remitted back to the AO for re-examination.
The Tribunal restored the appeals to the Assessing Officer (AO) for re-adjudication. The AO needs to verify if the additions made in one assessee's case for AY 2006-07 include the peak credits from the undisclosed bank accounts of both assessees.
The Tribunal held that brought forward losses and depreciation should not be excluded when computing eligible profit for Section 10B deduction, following a Supreme Court decision. The issue of depreciation on capitalized foreign exchange fluctuations was remitted to the AO for fresh consideration. The provision for warranty was disallowed as it was an ad-hoc estimate without scientific basis.
The Tribunal held that the notice under Section 148 was issued after the expiry of four years without a finding of failure on the part of the assessee to disclose material facts. Therefore, the reopening was invalid.
The Tribunal held that brought forward losses and depreciation should not be excluded when computing eligible profit for Section 10B deduction, following a Supreme Court decision. The issue of depreciation on capitalized foreign exchange fluctuations was remitted to the AO for fresh consideration. The provision for warranty was disallowed as it was an ad-hoc estimate without scientific basis.
The Tribunal held that brought forward losses and depreciation should not be excluded when computing eligible profit for Section 10B deduction, following a Supreme Court decision. The issue of depreciation on capitalized foreign exchange fluctuations was remitted to the AO for fresh consideration. The provision for warranty was disallowed as it was an ad-hoc estimate without scientific basis.
The Tribunal held that brought forward losses and depreciation should not be excluded when computing eligible profit for Section 10B deduction, following a Supreme Court decision. The issue of depreciation on capitalized foreign exchange fluctuations was remitted to the AO for fresh consideration. The provision for warranty was disallowed as it was an ad-hoc estimate without scientific basis.
The Tribunal held that even a journal entry has financial implications and cannot be overlooked. The assessee failed to demonstrate why the entry should not be considered as deemed dividend.
The Tribunal held that the turnover discount was provided on a principal-to-principal basis to encourage bulk purchases and was not a commission payment. Therefore, Section 194H was not attracted.
The Tribunal held that the land sold was agricultural land as per the conditions laid out in the Act. Therefore, it could not be treated as a capital asset, and its sale did not give rise to capital gains.
The Tribunal noted that the assessee was not provided a proper opportunity to be heard by the CIT(A) and that the assessee's representative did not cooperate effectively. In the interest of justice, the matter was remitted back to the Assessing Officer for fresh consideration.
The assessee, through a letter, expressed her unwillingness to pursue the appeals further. The Departmental Representative had no objection to the dismissal of the appeals.
The assessee, through a letter, expressed her unwillingness to pursue the appeals further. The Departmental Representative had no objection to the dismissal of the appeals.
The assessee, through a letter, expressed her unwillingness to pursue the appeals further. The Departmental Representative had no objection to the dismissal of the appeals.
The assessee, through a letter, expressed her unwillingness to pursue the appeals further. The Departmental Representative had no objection to the dismissal of the appeals.
The assessee, through a letter, expressed her unwillingness to pursue the appeals further. The Departmental Representative had no objection to the dismissal of the appeals.
The assessee, through a letter, expressed her unwillingness to pursue the appeals further. The Departmental Representative had no objection to the dismissal of the appeals.
The Tribunal held that the Assessing Officer relied on third-party statements without providing the assessee an opportunity to cross-examine them. Therefore, the issue was remitted back to the Assessing Officer to provide this opportunity.
The Tribunal held that the delay was inordinate and not supported by sufficient cause or valid proof of treatment. The Tribunal also noted a short payment of the appeal fee.
The assessee, through a letter, expressed her unwillingness to pursue the appeals further. The Departmental Representative had no objection to the dismissal of the appeals.
The Tribunal held that the assessee failed to provide any evidence to support their claims for housing loan interest, gifts, and loan creditors. Consequently, the Tribunal confirmed the orders of the lower authorities.
The Tribunal held that the Assessing Officer relied on third-party statements without providing the assessee an opportunity to cross-examine them. Therefore, the issue was remitted back to the Assessing Officer to provide this opportunity.
The Tribunal, considering the proviso to Rule 24 of the Income Tax (Appellate Tribunal) Rules, 1963, dismissed the appeal for non-prosecution. The assessee can move for recall if there is sufficient cause for non-appearance.
The Tribunal held that Section 14A r.w.r. 8D cannot be applied in the absence of exempt income. It also held that the investment in the other company was for strategic business purposes, and thus interest on borrowed funds, if any, was not disallowable under Section 36(1)(iii).
The Tribunal condoned the delay in the Revenue's appeal. It held that the CIT(A) was correct in deleting the disallowance as the assessee had established the identity of the commission agents, the services rendered, and proof of payment through banking channels.
The Tribunal found that the assessee claimed the CIT(A) was not given an opportunity to explain the cash credit and cash shortage issues. Therefore, the Tribunal remitted these additions back to the AO for fresh examination after providing the assessee with an opportunity to be heard.
The Tribunal found that the CIT(A) had not adequately addressed the issues related to the validity of the reassessment proceedings. Therefore, the matter was remitted back to the CIT(A) for a fresh decision.
The Tribunal held that the CIT(A) violated Rule 46A by admitting documents for the first time without confronting them to the AO and without calling for a remand report. Therefore, the issue was remitted back to the AO for fresh consideration.
The Tribunal found that the orders of the lower authorities did not clearly establish whether the assessee owned more than one residential unit. Various requirements of Section 54F were also not clearly brought on record.
The Tribunal upheld the CIT(A)'s order, agreeing that the project was composite and the separate approvals were for regulatory compliance. The Tribunal followed the principle of consistency and higher judiciary decisions in similar cases.
The Tribunal held that an assessee cannot pursue both a revision petition under Section 264 and an appeal simultaneously. Once a revision petition is filed and an order is passed, the assessee waives their right to appeal.
The Tribunal held that transfer pricing adjustments should only be made for international transactions with Associated Enterprises, not domestic transactions unless they are Specified Domestic Transactions. The Tribunal also found that the royalty reversal needed reconsideration.
The Tribunal held that the salary received in India by a non-resident is taxable in India as per Section 5(2)(a) of the Income Tax Act. It further held that Article 15(1) of the DTAA is not applicable to non-residents.
The Tribunal held that for assessment years 2007-08 to 2011-12, the CIT(Appeals) was not justified in deleting the penalty as the earlier tribunal orders did not consider the definition of 'specified previous year' under Section 271AAA. For assessment year 2012-13, the penalty under Section 271AAA was rightly deleted by the CIT(Appeals) as the assessee complied with the conditions.
The Tribunal held that for assessment years 2007-08 to 2011-12, the CIT(Appeals) was not justified in deleting the penalty as the earlier tribunal orders did not consider the definition of 'specified previous year' under Section 271AAA. For assessment year 2012-13, the penalty under Section 271AAA was rightly deleted by the CIT(Appeals) as the assessee complied with the conditions.
The Tribunal held that for assessment years 2007-08 to 2011-12, the CIT(Appeals) was not justified in deleting the penalty as the earlier tribunal orders did not consider the definition of 'specified previous year' under Section 271AAA. For assessment year 2012-13, the penalty under Section 271AAA was rightly deleted by the CIT(Appeals) as the assessee complied with the conditions.
The Tribunal held that disallowance under Section 40(a)(ia) applies to both amounts paid and payable after being credited to the books of account, citing Supreme Court and High Court judgments.
The Tribunal held that for assessment years 2007-08 to 2011-12, the CIT(Appeals) was not justified in deleting the penalty as the earlier tribunal orders did not consider the definition of 'specified previous year' under Section 271AAA. For assessment year 2012-13, the penalty under Section 271AAA was rightly deleted by the CIT(Appeals) as the assessee complied with the conditions.
The Tribunal held that for assessment years 2007-08 to 2011-12, the CIT(Appeals) was not justified in deleting the penalty as the earlier tribunal orders did not consider the definition of 'specified previous year' under Section 271AAA. For assessment year 2012-13, the penalty under Section 271AAA was rightly deleted by the CIT(Appeals) as the assessee complied with the conditions.
The Tribunal held that for assessment years 2007-08 to 2011-12, the CIT(Appeals) was not justified in deleting the penalty as the earlier tribunal orders did not consider the definition of 'specified previous year' under Section 271AAA. For assessment year 2012-13, the penalty under Section 271AAA was rightly deleted by the CIT(Appeals) as the assessee complied with the conditions.
The Tribunal held that for assessment years 2007-08 to 2011-12, the CIT(Appeals) was not justified in deleting the penalty as the earlier tribunal orders did not consider the definition of 'specified previous year' under Section 271AAA. For assessment year 2012-13, the penalty under Section 271AAA was rightly deleted by the CIT(Appeals) as the assessee complied with the conditions.
The tribunal held that since the defects in the appeals were not removed by the assessee, the appeals could not be proceeded with. The assessee was granted liberty to apply for restoration after rectifying the defects.
The tribunal held that since the defects in the appeals were not removed by the assessee, the appeals could not be proceeded with. The assessee was granted liberty to apply for restoration after rectifying the defects.
The Tribunal upheld the disallowance of interest in the hands of the firm, as the supplementary deed was not registered. However, it directed the AO to verify if the partners' assessments were rectified to account for the disallowed interest, as per Section 155(1A) and CBDT Circular No. 636.