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326 orders · Page 4 of 7
The Tribunal held that in the interest of justice, the assessee should be given one more opportunity to present their case before the Id. CIT(A). The appeal is set aside for denovo adjudication, with the direction for the assessee to substantiate their case properly.
The Tribunal held that disallowance under Section 14A should only consider investments yielding exempt income and that such disallowances cannot be made while computing book profits under Section 115JB. The amendment to Section 14A by the Finance Act, 2022, was held to be prospective.
The Tribunal, following its own previous decisions in similar cases, held that warranty is an integral part of a sale transaction and provisions for warranty are allowable business expenditure. The Tribunal also directed the AO to re-examine the issue of foreign TDS credit in light of the DTAA.
The Tribunal held that the additions made by the AO were not based on incriminating material found during the search or sworn statements that could be confronted to the assessee. The CIT(A) had rightly deleted the additions. Consequently, the Tribunal set aside the impugned order and restored the assessments to the file of the AO for de novo adjudication.
The Tribunal held that the loose sheets were 'dumb documents' as they lacked dates, the assessee's name, or specific land details. Without corroborative evidence, these documents could not be used to fasten tax liability on the assessee.
The Tribunal allowed the provision for warranty expenses, following its own previous decisions. It also upheld the deletion of disallowance for engineering charges paid to a foreign entity, as the services were utilized outside India and not deemed to accrue or arise in India.
The Tribunal noted the assessee's age and medical background and decided to remit the matter back to the CIT(A) for de novo adjudication, allowing the assessee to present their case.
The tribunal condoned the delay in filing the appeal. It found that both the AO and CIT(A) passed orders without giving the assessee a proper opportunity to be heard.
The Tribunal condoned the delay in filing the appeal. The Tribunal found that both the AO and CIT(A) passed orders without giving the assessee a proper opportunity. Therefore, the matter was remitted back to the AO for denovo adjudication to provide one more opportunity to the assessee.
The Tribunal noted that both the AO and CIT(A) passed orders without giving proper opportunity to the assessee. Therefore, to meet the ends of justice, the matter was remitted back to the AO for denovo adjudication with liberty to the assessee to submit relevant details.
The Tribunal held that the assessee could not contest the earlier addition as it was not appealed. For the reassessment year, since no addition was made, there was no grievance. The claim for additional bad debts was also not properly made or pursued.
The Tribunal condoned the delay and decided to give the assessee one last opportunity to present their case. The Tribunal set aside the orders of the lower authorities and directed the Assessing Officer to re-adjudicate the matter afresh after giving an opportunity of being heard.
The Tribunal held that the CIT(A) erred in confirming the reopening of assessment and the addition of Rs. 69,75,000. The cash deposits were found to be related to the HUF business, which was already assessed under a separate PAN.
The Tribunal condoned the delay in filing the appeal before the CIT(A) on the grounds of sufficient cause, specifically the assessee's ill health supported by medical certificates. The Tribunal restored the matter to the AO for a de novo decision.
The Tribunal held that the addition made by the CPC and confirmed by the Addl/JCIT(A) amounted to double taxation as the income was already offered by the assessee. The addition was not sustainable.
The Tribunal held that both the Assessing Officer and the CIT(A) passed their orders without providing a proper opportunity to the assessee. To meet the ends of justice and provide the assessee with another opportunity, the Tribunal decided to remit the matter back to the file of the Assessing Officer for denovo adjudication. The Tribunal directed the assessee to appear before the Assessing Officer and submit relevant details for adjudication. The Tribunal did not decide on the merits of the addition made under Section 69A, as the matter was being remanded for fresh consideration. The appeal was allowed for statistical purposes.
The Tribunal upheld the disallowance of deduction u/s. 80P, noting that the return was filed beyond the due date as per Section 139(1), which is a condition for claiming the deduction under Section 80AC. The power to condone such delays vests with the jurisdictional PCIT.
The Tribunal noted that both the AO and CIT(A) passed orders without giving proper opportunity to the assessee. Therefore, the matter was remitted back to the AO for de novo adjudication to provide one more opportunity.
The Tribunal condoned the delay in filing the appeal. It noted that the Assessing Officer's order was not a speaking order and lacked proper inquiries. The Tribunal set aside the lower authorities' orders and directed the AO to re-adjudicate the matter de novo after providing the assessee an opportunity to be heard.
The Tribunal allowed the assessee's request to withdraw the appeal. The reasoning was based on the assessee's successful participation in the Vivad-Se-Vishwas Scheme, 2024. The assessee had filed Form-1, received Form-2 from the designated authority, and was remitting the settlement amount of Rs. 2,86,50,719/-. Since the Revenue did not oppose the withdrawal, the Tribunal found no impediment to granting the request. The operative direction was to dismiss the appeal as withdrawn. No issues were expressly left undecided.
The Tribunal condoned the delay in filing the appeal. It noted that the Assessing Officer's order was not a speaking order and lacked proper inquiries. The Tribunal set aside the lower authorities' orders and directed the AO to re-adjudicate the matter de novo after providing the assessee an opportunity to be heard.
The Tribunal condoned the delay in filing the appeal, acknowledging the assessee's explanation due to illness in the family. It was held that the CIT(A) had not considered the merits of the case, focusing only on non-compliance.
The Tribunal condoned the delay in filing the appeal and set aside the ex-parte orders of the lower authorities, noting that the AO's order was not a speaking order lacking proper enquiries. The matter was remitted back to the AO for *de novo* adjudication, directing the AO to provide proper opportunity to the assessee and pass a speaking order, subject to the assessee paying Rs. 5,000 as costs for repeated non-compliance.
The Tribunal held that the assessee could not contest the earlier addition as it was not appealed. For the reassessment year, since no addition was made, there was no grievance. The claim for additional bad debts was also not properly made or pursued.
The Tribunal condoned the delay and observed that both lower authorities passed ex-parte orders without sufficient opportunity. The Tribunal set aside the orders and directed the AO to re-adjudicate the matter de novo after providing an opportunity to be heard.
The Tribunal allowed the assessee to withdraw the appeals. The appeals filed by the assessee and the Revenue were dismissed as withdrawn. The cross objections filed by the assessee were dismissed as infructuous.
The tribunal condoned the 277-day delay in filing the appeal, acknowledging the assessee's explanation and the fact that the CIT(A) did not delve into the merits of the case. The appeal was set aside and remanded to the CIT(A) for readjudication.
The Tribunal condoned the delay, noting the assessee's illiteracy and the absence of willful delay. The Tribunal found the lower authorities' orders to be non-speaking and lacking proper inquiry. The case was restored to the AO for de novo adjudication with an opportunity for the assessee to present their case.
The Tribunal condoned the delay in filing the appeal, noting that the delay was not willful or wanton and that the Revenue did not raise serious objections. The Tribunal set aside the order of the First Appellate Authority and directed it to re-adjudicate the matter de novo, after giving the assessee an opportunity of being heard. The appeal was allowed for statistical purposes, subject to the assessee paying Rs. 5000/- to the Tamil Nadu Legal Services Authority.
The ITAT condoned the 66-day delay in filing before it. It set aside the CIT(A)'s order and remanded the case, directing the CIT(A) to condone the 115-day delay in the assessee's appeal before him, grant an opportunity of hearing, and readjudicate the matter de novo on merits.
The Tribunal held that the addition made by the AO was not sustainable as it was based solely on an excel sheet found during a third-party search, without any corroborative evidence. The AO failed to conduct proper inquiry to establish the loan transaction.
The Tribunal held that the CIT(A) erred in disposing of the appeal ex-parte without proper consideration and by sending notices to an incorrect email address. The Tribunal also noted that the assessee had met the conditions stipulated in CBDT Circular No. 6/2022 for condonation of delay in filing Form 10-IC.
The Tribunal held that the AO erred in making the addition solely on the grounds that the lender did not file her income tax return. The assessee had provided sufficient details of the lender's financial capacity.
The Tribunal observed that both the AO and CIT(A) had passed their respective orders without providing adequate opportunity to the assessee. Therefore, to meet the ends of justice, the Tribunal remitted the appeal back to the AO for a de novo adjudication, instructing the assessee to cooperate and submit all relevant details.
The Tribunal condoned the delay after finding the reasons genuine and sufficient. The appeals were remanded back to the Assessing Officer for fresh adjudication with a cost of Rs. 25,000 per appeal, payable to the Tamil Nadu State Legal Services Authority.
The Tribunal condoned the delay after finding the reasons genuine and sufficient. The appeals were remanded back to the Assessing Officer for fresh adjudication with a cost of Rs. 25,000 per appeal, payable to the Tamil Nadu State Legal Services Authority.
The Tribunal held that since the assessee maintained audited books of accounts, and the cash balance as of November 8, 2016, was not disputed, the addition under Section 69A was unjustified. The mere time gap in depositing the demonetized currency did not render the source unexplained.
The Tribunal held that both the Assessing Officer and the CIT(A) passed their orders without giving a proper opportunity to the assessee. To meet the ends of justice, the Tribunal decided to remit the matter back to the file of the Assessing Officer for denovo adjudication. The Tribunal also directed the assessee to appear before the Assessing Officer and granted liberty to submit the relevant details for adjudication. The ratio decidendi is that orders passed without affording a proper opportunity of being heard violate principles of natural justice and warrant a remand for fresh consideration. The Tribunal did not decide the merits of the addition.
The Tribunal found that the CIT(A) passed the order without the participation of the assessee. To meet the ends of justice, the matter was remitted back to the CIT(A) for a denovo adjudication, and the assessee was directed to appear diligently.
The Tribunal condoned the delay considering the genuine reasons provided. It was held that the assessee should be given an opportunity to present their case, and the matter was restored to the AO.
The Tribunal found merit in the assessee's argument that it was bound by RBI instructions to use the DCF method for shares issued to overseas entities. The valuation done prior to the transaction was also considered valid.
The Tribunal held that transfer pricing adjustments for corporate guarantees should be made at 0.5%, following previous decisions. Provisions for warranty were deleted, and bad debts were allowed as per earlier rulings. Notional foreign exchange fluctuations and liquidated damages were also confirmed to be deleted.
The Tribunal held that the CIT(A) had correctly appreciated the facts and the assessee's contentions. Regarding the first issue, the Tribunal noted that the CIT(A) had extensively dealt with the matter, and the assessee had reconciled loans and reconstructed its books to incorporate additional income. The Tribunal found that the AO had not conducted detailed independent inquiries into the creditworthiness of lenders or examined whether amounts lent to the assessee were accounted for in regular books. The Tribunal agreed with the CIT(A)'s finding that the assessee, following a cash method of accounting, was entitled to offer only the interest income received. The Tribunal confirmed the CIT(A)'s deletion of Rs. 4,41,35,088/- for AY 2020-21, stating that no income can be taxed on mere assumptions and presumptions without cogent evidence. The Tribunal dismissed all grounds of appeal raised by the Revenue. The Tribunal also made an observation regarding the handling of digital evidence, recommending training for revenue officers on the nuances of admitting digital evidence, citing the importance of Section 65B of the Indian Evidence Act and the Supreme Court's decision in Shreya Singhal.
The Tribunal held that in the interest of justice and equity, the assessee should be provided with another opportunity to represent the case. The issues raised were restored to the file of the AO.
The Tribunal held that the addition for short-term capital gains was not the basis for the original notice issued under Section 148, which was for examining the source of immovable property purchase. Citing the jurisdictional High Court's ruling, the Tribunal found the addition itself legally untenable and consequently deleted the penalty.
The Tribunal noted the undisputed fact that the Ld. CIT(A) had not adjudicated the impugned issues. It directed the Ld.CIT(A) to readjudicate the matter, providing the assessee an opportunity of being heard, passing a speaking order, and optionally calling for a remand report from the Ld.AO.
The Tribunal noted that Section 44AD of the Act is not applicable to commission agents. Following its own previous order on identical facts, the Tribunal reduced the estimated profit rate to 4% of the total credits.
The Tribunal held that the CIT(E) erred in rejecting the application without considering the assessee's request for adjournment. The matter was restored to the CIT(E) for reconsideration on merits after affording a reasonable opportunity of being heard.
The Tribunal held that substantial and protective assessments should be heard together. Since the protective assessment for Mr. P.N. Madhaiyan was pending, the Tribunal restored the matter to the CIT(A) to be heard and disposed of along with the substantive assessment.
The Tribunal held that transfer pricing adjustments for corporate guarantees should be made at 0.5%, following previous decisions. Provisions for warranty were deleted, and bad debts were allowed as per earlier rulings. Notional foreign exchange fluctuations and liquidated damages were also confirmed to be deleted.