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143 orders · Page 2 of 3
The Tribunal held that the PCIT can only examine issues that were before the Assessing Officer (AO) during the limited scrutiny assessment. The AO is restricted to the reasons for which the case was selected for limited scrutiny.
The CIT(A) erred in treating the addition under Section 69A when the Assessing Officer had initially considered it as unexplained credit under Section 68. The CIT(A) lacked the power to change the provision of law without proper notice to the assessee.
The Tribunal held that the AO had already examined the labour expenses during the original assessment. Since the PCIT could not establish how the assessment order was erroneous or prejudicial to the revenue, particularly regarding the applicability of TDS provisions, the revision order was quashed.
The Tribunal held that disallowance under Section 40(a)(i) for non-deduction of TDS was not sustainable. This was because, at the time of payment, the law, as interpreted by the Supreme Court, did not deem such payments taxable in India, making it impossible for the assessee to foresee the need for TDS based on subsequent retrospective amendments.
The tribunal restored the issue of prior-period expenses to the CIT(A) for adjudication. The disallowance of electricity tax was confirmed, but the AO was directed to examine its deductibility in the relevant year. Extraordinary debits were dismissed as infructuous, and deferred revenue expenditure was restored to the CIT(A) for denovo adjudication.
The Tribunal, following its earlier order and considering the assessee's concession that the amalgamated bank ceased to exist, held that Explanation-7 to Section 43(1) applies. Therefore, depreciation should be allowed only on the written down value of the assets.
The Tribunal, following its earlier order and considering the assessee's concession that the amalgamated bank ceased to exist, held that Explanation-7 to Section 43(1) applies. Therefore, depreciation should be allowed only on the written down value of the assets.
The Tribunal held that the disallowance of deduction under Section 80IA was incorrect as Form 10CCB was filed before the assessment order was finalized. The assessee is entitled to the deduction.
The Tribunal, following its earlier order and considering the assessee's concession that the amalgamated bank ceased to exist, held that Explanation-7 to Section 43(1) applies. Therefore, depreciation should be allowed only on the written down value of the assets.
The Tribunal, following its earlier order and considering the assessee's concession that the amalgamated bank ceased to exist, held that Explanation-7 to Section 43(1) applies. Therefore, depreciation should be allowed only on the written down value of the assets.
The Tribunal, in light of the High Court's direction and the assessee's subsequent admission that the transferor bank ceased to exist post-amalgamation, reversed the CIT(A)'s order. It restored the AO's decision to allow depreciation on the written down value of assets as per Explanation-7 to Section 43(1).
The Tribunal, in light of the High Court's direction and the assessee's concession that the transferor bank ceased to exist post-amalgamation, held that Explanation-7 to Section 43(1) applies. Therefore, depreciation should be allowed on the written down value of the assets.
The Tribunal held that the amalgamated bank ceased to exist, making Explanation-7 to Section 43(1) applicable. Therefore, depreciation should be allowed on the written down value of the assets taken over.
The Tribunal, following its earlier order and considering the assessee's concession that the amalgamated bank ceased to exist, held that Explanation-7 to Section 43(1) applies. Therefore, depreciation should be allowed only on the written down value of the assets.
The Tribunal found that the AO did not rely on appropriate evidence to ascertain the distance of the land from the municipal limits. Therefore, the matter was set aside to the AO for re-consideration with proper evidence and an opportunity for the assessee to be heard.
The Tribunal allowed the claim, respectfully following the Karnataka High Court's decision in Texas Instruments India (P.) Ltd., which interpreted an amendment to Section 80JJAA as retrospective. The AO is directed to verify the eligibility of the claim based on this interpretation.
The Tribunal held that the AO's assumption of jurisdiction was valid. However, due to the lack of proper adjudication on merits by both the AO and CIT(A), the issue was remitted back to the AO for fresh adjudication.
The Tribunal confirmed the PCIT's order, stating that the AO had not adequately verified the crucial fact of the land's proximity to the municipal limits. The PCIT's direction to re-examine the assessment was deemed correct.
The Tribunal noted that the assessee had filed a petition before the CBDT for condonation of delay in filing the return. Since the CBDT's decision was pending, the Tribunal restored the matter to the AO to frame the assessment after considering the CBDT's decision.
The Tribunal noted that the issue of late payment of Employees' PF contribution has been settled by the Supreme Court in favor of the revenue. Therefore, the assessee had no basis to seek rectification under Section 154.
The Tribunal found the CIT(A)'s orders to be non-speaking and cryptic. Due to family tragedies and the non-adjudication of issues by the lower authorities, the Tribunal remanded the matters back for fresh adjudication.
The assessee's authorized representative requested to withdraw the appeal. The Tribunal, with no objection from the revenue, dismissed the appeal as withdrawn.
The Tribunal found that the CIT(A)'s order regarding depreciation was non-speaking and lacked proper discussion. For the delayed appeals, the Tribunal condoned the delay due to the stated family tragedies and the pandemic, remanding the matters for fresh adjudication.
The Tribunal found the CIT(A)'s orders to be non-speaking and cryptic. Due to family tragedies and the non-adjudication of issues by the lower authorities, the Tribunal remanded the matters back for fresh adjudication.
The Tribunal found the CIT(A)'s orders to be non-speaking and cryptic. Due to family tragedies and the non-adjudication of issues by the lower authorities, the Tribunal remanded the matters back for fresh adjudication.
The Tribunal held that the prior year income had already been offered in assessment year 2007-08 and could not be added again. Furthermore, the issue was debatable and thus not rectifiable under Section 154.
The Tribunal condoned the delay in filing the appeals before the CIT(A) due to reasonable cause. On merits, the Tribunal remitted the matter back to the Assessing Officer to investigate the source of deposits by summoning the employer and allowing cross-examination.
The Tribunal held that the trust followed due procedure in awarding the contract and the profit earned by the firm was reasonable. Therefore, there was no violation of Section 13(1)(c) or Section 13(2)(c) of the Act.
The tribunal held that the appeal was not maintainable due to the failure to rectify the defects and comply with the registry's notice. Therefore, the appeal was dismissed.
The Tribunal held that retention money payable is an allowable expenditure on an accrual basis, consistent with accounting standards and previous judgments. The assessee cannot claim the same expenditure on actual payment basis to avoid double deduction.
The Tribunal confirmed the disallowance to the extent of ₹1,00,000/- each for both expenses, granting relief of ₹1,00,000/- each to the assessee.
The Tribunal accepted the appellant's plea for withdrawal. The appeal was accordingly dismissed as withdrawn.
The Tribunal held that the cash deposits were explained by earlier withdrawals as per the bank statement, with only a minor deficit of ₹.29,000/-. The CIT(A) should have considered the assessee's prerogative to keep cash outside the bank.
The Tribunal condoned the delay in filing the appeals before the CIT(A) due to reasonable cause. On merits, the Tribunal remitted the matter back to the Assessing Officer to investigate the source of deposits by summoning the employer and allowing cross-examination.
The Tribunal held that even if the accounting entries were not strictly in accordance with accepted principles, the disallowance was erroneous if the assessee provided sufficient evidence to justify the bad debt claim. The CIT(A) had rightly deleted the addition.
The Tribunal held that the issue of whether gold loan from the assessee's wife should be considered for capital gains needs verification. Therefore, the matter was remanded back to the Assessing Officer for further examination.
The Tribunal set aside the charging of interest under sections 234A, 234B, and 234C and remanded the issue back to the AO. The AO was directed to decide the issue afresh considering the legal position and judgments presented by the assessee.
The Tribunal upheld the CIT(A)'s decision to delete the disallowance of commission, finding that the assessee had provided sufficient evidence. The Tribunal also agreed that Section 56(2)(viia) is not applicable to the buyback of a company's own shares, as it does not constitute receiving 'property' in the form of shares of another company.
The Tribunal held that Section 44AF was not applicable for the assessment year in question. However, the assessee's turnover qualified for presumptive taxation under Section 44AD, and therefore, the penalty for non-maintenance of books under Section 271A read with Section 44AA was not justified.
The Tribunal held that the reasons provided by the assessee for the delay were not bona fide and did not constitute a reasonable cause. The affidavit from the CA was considered an afterthought.
The Tribunal condoned the delay in filing the appeal due to the COVID-19 pandemic. It also directed the deletion of disallowances related to property tax, ROC fees, Pondicherry permit expenses, and vehicle permit taxes, considering them as revenue expenditures. However, it upheld certain disallowances related to depreciation and interest on capital for some buses.
The Tribunal held that while the delay during the Covid-19 period (305 days) was acceptable, the remaining delay of 167 days was not supported by bonafide reasons. The explanation lacked specifics about the employee and how the case file was handled.
The Tribunal upheld the disallowance of delayed employee's contribution to PF and ESI, following the Supreme Court's decision in M/s. Checkmate Services P. Ltd. Timely deposit is a mandatory condition for deduction.
The Tribunal held that the CIT(A) erred in dismissing the appeal without condoning the delay. The matter was remanded back to the CIT(A) for adjudication on merits.
The Tribunal held that the CIT(A) erred in dismissing the appeal without condoning the delay. The matter was remanded back to the CIT(A) for adjudication on merits.
The Tribunal noted that the issue of reopening of assessment in light of the High Court's decision in 'Auro Lab' was not examined by the lower authorities. Therefore, the matter was remanded to the AO to decide on merits after the High Court's decision and to re-examine the reopening issue.
The Tribunal noted that the issue of reopening of assessment in light of the High Court's decision in 'Auro Lab' was not examined by the lower authorities. Therefore, the matter was remanded to the AO to decide on merits after the High Court's decision and to re-examine the reopening issue.
The Tribunal considered the request for withdrawal of the appeal. The Revenue had no objection to the withdrawal.
The Tribunal held that the CIT(A) correctly deleted the additions made by the AO. The AO's additions were found to be based on oversight or incorrect assumptions, and the CIT(A)'s findings were uncontroverted.
The Tribunal set aside the order of the Commissioner and restored the matter for reconsideration. This was done in light of recent Supreme Court decisions on the subject, allowing the assessee an opportunity to present its case.