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317 orders · Page 1 of 7
The CIT(A) dismissed the appeal because the assessee failed to provide evidence that the property was agricultural land. The Tribunal noted that the assessee was unrepresented during the first appeal and thus could not substantiate their claim.
The Tribunal remitted the issue of bad debts deduction to the AO for verification. For disallowance under Section 14A, the issue was remitted to the AO for fresh consideration. The disallowance of contribution to the staff welfare fund was upheld against the assessee.
The Tribunal held that the addition for sundry creditors was not sustainable as the amount was an opening balance due to the assessee's husband and supported by ledger extracts and confirmation. Similarly, the addition for deposits was also not sustainable as it represented rental deposits outstanding since FY 2010-11 and reflected in financial statements. The additions could not be rejected on mere suspicion.
The Tribunal found that the AO and CIT(A) had not examined the Double Taxation Avoidance Agreements (DTAAs). The Tribunal restored the alternate plea of the assessee regarding DTAA benefits to the AO for examination.
The Tribunal held that the assessees were not given a proper opportunity to present their case. The rejection of the applications by the CIT(E) for non-compliance with the show-cause notice was deemed to be without sufficient opportunity for the assessee.
The Tribunal held that charging the entire amount to tax without considering the profit element is incorrect. The assessee is a mobile sim recharger, and the deposited cash represents collection for clients. The Tribunal found merit in the assessee's contention and decided to remand the matter for fresh consideration.
The Tribunal accepted the assessee's plea for another opportunity of hearing, considering the principles of natural justice. The impugned order was set aside, and the matter was restored to the CIT(Exemption) for fresh consideration.
The Tribunal found that while the CIT(A) correctly identified a procedural irregularity in not providing the reasons for reopening, the decision of the Hon'ble Madras High Court in M/s. Home Finders Housing Ltd. v. ITO suggests that such a violation is an irregularity that can be cured by remitting the matter. Therefore, the Tribunal set aside both the AO's order and the CIT(A)'s order.
The Tribunal held that the assessee had sufficiently explained the source of the cash deposits with documentary evidence like sales registers, cash books, and VAT returns. The AO's addition was based on suspicion and conjecture, without disproving the assessee's explanation.
The Tribunal noted that the Revenue is precluded from filing appeals with a tax effect below the prescribed monetary limit as per CBDT Circular No. 06/2024. The Revenue's counsel conceded to this fact.
The Tribunal, while acknowledging the assessee's negligence, decided to grant another opportunity based on the principle of natural justice. The additional evidence was admitted, the impugned order was set aside, and the assessment was restored to the AO for a de novo assessment.
The Tribunal held that the tax rates prescribed under the India-USA DTAA, which include surcharge and surtax, also embed education cess. Therefore, education cess is not leviable on income taxed at DTAA rates.
The Tribunal held that the assessees were not given a proper opportunity to present their case. The rejection of the applications by the CIT(E) for non-compliance with the show-cause notice was deemed to be without sufficient opportunity for the assessee.
The Tribunal noted that the assessee could not produce certain statutory documents, leading the AO to estimate profit at 8%. While the assessee claimed their net profit was between 3-5% and provided ledger accounts and cash vouchers, the CIT(A) doubted the audit report's genuineness. The Tribunal directed the CIT(A) to re-verify the audit report and decide the profit estimation afresh.
The Tribunal set aside the orders of CIT(A) and restored the appeals to the file of CIT(A). The CIT(A) was directed to await the outcome of the condonation application pending before CIT(E) and then re-adjudicate the appeal.
The Tribunal, considering the principle of natural justice, decided to grant the assessee another opportunity to present its case. The impugned order was set aside, and the assessment was restored to the AO for a fresh assessment.
The Tribunal, considering the principle of natural justice, decided to grant the assessee another opportunity to present their case. The impugned order was set aside and the appeal was restored to the CIT(A) for fresh adjudication.
The Tribunal, considering the principles of natural justice, accepted the assessee's request for another opportunity. The impugned order was set aside, and the matter was restored to the CIT(E) with a direction to allow the assessee to submit the necessary documents.
The Tribunal held that the issue of bad debts written off should be remitted back to the AO for verification. The disallowance under Section 14A was partly decided in favor of the assessee based on previous Tribunal decisions. The disallowance of contribution to the staff welfare fund was decided against the assessee, following earlier Tribunal orders.
The Tribunal found that the nature of the performance guarantee and its enforceability were unclear. It set aside the issue to the Dispute Resolution Panel (DRP) for fresh adjudication, directing them to examine whether the payment constituted business profits, FTS, or dividend, and to decide on the applicability of Section 40(a)(i) after giving the assessee an opportunity to be heard.
The Tribunal held that the assessee was liable for interest under Section 234B as the obligation to compute final tax liability and pay advance tax rested with the assessee, not the remitter bank. The CIT(A) erred in deleting this interest.
The Tribunal decided various grounds of appeal, some in favor of the assessee and some in favor of the revenue, based on co-ordinate bench decisions. Specific issues included deduction for bad debts and disallowance under Section 14A.
The Tribunal, while noting the assessee's negligence, granted another opportunity for the assessee to substantiate its case before the AO, citing principles of natural justice. The impugned order was set aside, and the assessment was restored for de novo assessment.
The Tribunal condoned the minor delay of 15 days and directed the CIT(A) to re-adjudicate the appeal on its merits. The assessee was instructed to substantiate its case promptly.
The Tribunal found that the assessee could not absolve himself of the primary liability to compute and disclose correct taxes by shifting the burden to the banker. However, it noted that the CIT(A) had not considered all arguments and evidence, including subsequent judicial pronouncements.
The Tribunal remitted the issue of bad debts deduction back to the AO for verification. For the disallowance under Section 14A, the issue was remitted to the AO for fresh consideration, following previous orders. The contribution to the staff welfare fund was disallowed, following prior decisions against the assessee.
The Tribunal noted that the assessee firm was newly formed and all its partners regularly filed returns. Given the peculiar facts, the Tribunal granted the assessee one more opportunity before the AO to prove the source of investment.
The Tribunal held that the issue of bad debts deduction should be remitted back to the AO for verification of the assessee's claim regarding the absence of an opening balance in provisions. For the disallowance under Section 14A, the issue was remitted to the AO for fresh consideration based on prior tribunal decisions.
The Tribunal set aside the orders of CIT(A) and restored the appeals to the file of CIT(A). The CIT(A) was directed to await the outcome of the condonation application pending before CIT(E) and then re-adjudicate the appeal.
The Tribunal condoned a delay of 59 days in filing the appeal. Observing that the CIT(A) dismissed the appeal ex-parte without addressing the merits, the Tribunal restored the appeal to the CIT(A) for fresh adjudication. This was done in the interest of justice and subject to the assessee paying costs.
The Tribunal condoned the delay in filing the appeal. The assessee was permitted to withdraw the appeal as they had opted for the Direct Tax Vivad-se-Vishwas Scheme, 2024.
The Tribunal condoned the delay subject to a cost of Rs. 5,000/- to be deposited by the assessee. The appeals were remitted back to the CIT(A) for de novo adjudication.
The Tribunal decided each issue based on its previous rulings for the assessee or similar cases. For the TP adjustment of corporate guarantee, it followed its order for AYs 2017-18 and others, restricting the ALP adjustment to 0.5%, thus partly allowing the ground. Regarding the disallowance of interest expenditure, the Tribunal restored the issue to the AO to verify it in accordance with directions given for AY 2012-13, allowing the ground for statistical purposes. For disallowance under Section 14A, the Tribunal directed the AO to compute indirect expense disallowance under Rule 8D(2)(iii) considering only investments yielding exempt income, and to re-adjudicate interest disallowance based on Section 36(1)(iii) disallowance, partly allowing the grounds. The foreign tax credit under Section 90 was allowed, endorsing previous directions issued by the Tribunal in a related appeal for the same year. For set-off of brought forward business losses, the Tribunal directed the AO to allow set-off in accordance with law, allowing the ground for statistical purposes. For MAT Credit and DDT Credit, the Tribunal endorsed previous directions issued in other appeals for the assessee and directed the AO to consider a pending rectification application, allowing the grounds for statistical purposes. The appeal was partly allowed, and the stay application was dismissed as infructuous.
The Tribunal remitted the issue of bad debts deduction to the AO for verification. For the Section 14A disallowance, the Tribunal followed a co-ordinate bench decision and remitted the issue to the AO for fresh consideration. The contribution to the staff welfare fund was decided against the assessee, following previous Tribunal orders.
The Tribunal noted the delay in filing the appeal was 156 days and condoned it. The Tribunal also observed that the assessee had not cooperated with the Assessing Officer or the CIT(A). Despite this, for the interest of justice, the Tribunal decided to remand the matter back to the Assessing Officer.
The Tribunal condoned the delay subject to a cost of Rs. 5,000/- payable to the Tamil Nadu State Legal Services Authority. The appeals were remitted back to the CIT(A) for de novo adjudication.
The Tribunal held that the assessee had already offered the income for taxation by including the net amounts in its profit and loss account. The difference arose due to reporting conventions in the financial statements versus the tax audit report.
While acknowledging the assessee's negligence, the tribunal, in the interest of natural justice, decided to grant another opportunity for the assessee to present its case. The impugned order was set aside, and the appeal was restored to the CIT(A) for a fresh adjudication.
The Tribunal held that both the AO and the Ld.CIT(A) failed to apply their mind to the facts of the case, particularly the assessee's submission that the deposits were repayments of loans and interest from members, which were duly accounted for. The Tribunal found that no proper evidence was called for or considered to disprove the assessee's claim.
The Tribunal held that Section 234E of the Income Tax Act is a substantive provision and the levy of late fees is not dependent on Section 200A(1)(c) which is a recovery mechanism. The levy is attracted upon failure to deliver the TDS statement within the prescribed time, irrespective of the introduction of Section 200A(1)(c).
The Tribunal held that Section 234E of the Income Tax Act is a substantive provision and the levy of late fees is not dependent on Section 200A(1)(c) which is a recovery mechanism. The levy is attracted upon failure to deliver the TDS statement within the prescribed time, irrespective of the introduction of Section 200A(1)(c).
The Tribunal held that Section 234E of the Income Tax Act is a substantive provision and the levy of late fees is not dependent on Section 200A(1)(c) which is a recovery mechanism. The levy is attracted upon failure to deliver the TDS statement within the prescribed time, irrespective of the introduction of Section 200A(1)(c).
The Tribunal held that Section 234E of the Income Tax Act is a substantive provision and the levy of late fees is not dependent on Section 200A(1)(c) which is a recovery mechanism. The levy is attracted upon failure to deliver the TDS statement within the prescribed time, irrespective of the introduction of Section 200A(1)(c).
The Tribunal held that Section 234E of the Income Tax Act is a substantive provision and the levy of late fees is not dependent on Section 200A(1)(c) which is a recovery mechanism. The levy is attracted upon failure to deliver the TDS statement within the prescribed time, irrespective of the introduction of Section 200A(1)(c).
The Tribunal condoned the delay in filing the return and audit report, noting that the assessee was ready to furnish all relevant documents. The matter was remanded to the Assessing Officer for fresh consideration.
On the issue of corporate guarantee commission, the Tribunal held that the Assessing Officer and DRP failed to apply the ALP of 1%. The Tribunal relied on its own order for Assessment Year 2018-19, which in turn relied on an earlier order for AY 2012-13, confirmed by the DRP. Therefore, the Tribunal directed the Assessing Officer to apply the ALP of guarantee charges at 1% and recompute the transfer pricing adjustment. This ground raised by the assessee was allowed. Regarding the disallowance under Section 14A read with Rule 8D, the Tribunal found merit in the assessee's argument that the disallowance should be computed considering only investments yielding exempt income. Citing a similar issue on identical facts for AY 2018-19, where the matter was remanded, the Tribunal also remanded the current matter to the Assessing Officer for fresh examination, keeping all issues open. This ground was allowed for statistical purposes. Ground No. 4 was dismissed as not pressed.
The Tribunal held that the show cause notice issued by the AO was bad in law because it did not specify the exact fault (concealment of income or furnishing inaccurate particulars) for which the penalty was being levied. This defect vitiated the penalty itself.
The Tribunal, in the interest of natural justice, granted the assessee another opportunity for hearing. This was subject to the assessee paying a cost of Rs. 10,000/- to the Tamil Nadu State Legal Services Authority.
The Tribunal held that deduction of tax at source and payment through banking channels were insufficient to establish the claim. The assessee failed to provide sufficient evidence to demonstrate the rendition of services for the construction activities.