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345 orders · Page 5 of 7
The Tribunal held that the Ld.First Appellate Authority had not touched upon the merits of the case and that remitting the matter back to the Ld.CIT(A) for fresh adjudication would be in the interest of justice.
The Tribunal found merit in the assessee's argument that the AO and CIT(A) erroneously compared the sale rate of 'meat chicken' (from a sister concern's impounded documents) with the assessee's 'live chicken' sales rate. Since the CIT(A) failed to properly examine the documentary evidence presented by the assessee, the Tribunal restored the matter to the CIT(A) for fresh adjudication, directing the assessee to cooperate and furnish all relevant documents.
The assessee expressed a desire to withdraw the appeal under the Vivad-Se-Vishwas Scheme, and the Revenue did not object. The tribunal allowed the request and dismissed the appeal as withdrawn.
The tribunal restricted the addition of unexplained cash deposits to Rs. 5 lakhs, providing a relief of Rs. 5.65 lakhs, acknowledging prior year evidence of bakery business. It also ruled that Section 115BBE provisions were not applicable for transactions in Financial Year 2016-17, citing a Madras High Court decision that its applicability starts from April 1, 2017.
The Tribunal noted that the assessee had filed a petition for condonation of delay before the CBDT. The Tribunal set aside the order of the CIT(E) and remitted the matter back with a direction to decide the application after the CBDT's decision on the condonation petition.
The Tribunal held that the Ld.First Appellate Authority had not touched upon the merits of the case and that remitting the matter back to the Ld.CIT(A) for fresh adjudication would be in the interest of justice.
The Tribunal held that the issue of granting a working capital adjustment should be remanded to the TPO/AO for fresh consideration. The Tribunal noted that in the case of M/s. Symantec Software & Services India Pvt. Ltd., neither the TPO nor the DRP had gone into the quantum of adjustment for working capital. The Tribunal found merit in the assessee's contention that the decision in Mobis India Ltd. was distinguishable due to its peculiar facts. Therefore, the Tribunal decided to follow the decision in Citrix R&D India Pvt. Ltd. and set aside the issue back to the TPO for reconsideration of the grant of working capital adjustment. The Tribunal directed the TPO/AO to compute the Arm's Length Price (ALP) as per the directions given, after affording an opportunity of being heard to the assessee. The specific quantum of adjustment was not decided by the Tribunal.
The ITAT condoned the 162-day delay in filing the appeal before it and found reasonable cause for the 741-day delay before the CIT(A). It set aside the CIT(A)'s order and remitted the matter back to the CIT(A) for fresh adjudication on merits, subject to the assessee paying a cost of Rs.10,000/-.
The Tribunal condoned the delay in filing the appeal due to the assessee's mother's ill health and subsequent demise. While acknowledging the assessee's non-participation, the Tribunal set aside the CIT(A)'s order and remitted the matter back to the AO for de novo assessment, directing the assessee to cooperate and provide necessary documents.
The Tribunal condoned the delay in filing the appeal before the FAA, recognizing 'sufficient cause' as the assessee was pursuing alternate remedies. On merits, the matter was remanded to the Assessing Officer to re-examine whether the claimed interest expenditure could be allowed as a deduction under Section 57.
The Tribunal condoned the delay in filing the appeal and restored the application for registration to the CIT(E) with a direction to consider it after giving an opportunity of hearing. The assessee was directed to pay a cost of Rs. 5,000/-.
The Tribunal condoned the delay in filing the appeal, noting the assessee's lack of awareness. While acknowledging the assessee's failure to participate in proceedings, the Tribunal set aside the CIT(A)'s order and remitted the matter back to the AO to re-adjudicate after providing a reasonable opportunity.
The Tribunal allowed certain grounds of appeal, directing the deletion of additions related to unexplained cash credit, profit on cash transactions, unaccounted interest payments, and unaccounted labour charges. The Tribunal found the basis for these additions to be unreliable or untenable.
The Tribunal allowed certain grounds of appeal, directing the deletion of additions related to unexplained cash credit, profit on cash transactions, unaccounted interest payments, and unaccounted labour charges. The Tribunal found the basis for these additions to be unreliable or untenable.
The Tribunal held that the CIT(E) rejected the applications without affording adequate opportunity to the assessees, thus violating the principles of natural justice. The appeals were allowed, and the matters were restored to the CIT(E) for fresh adjudication.
The ITAT condoned the delay in filing the appeal, acknowledging a reasonable cause. It set aside the Ld. CIT(A)'s order and remitted the matter back to the Assessing Officer for a de novo assessment, directing that a reasonable opportunity be provided to the assessee for representation.
The Tribunal decided the issues as follows: Regarding the addition on account of cash withdrawals by the MD (Issue 1), the Tribunal directed deletion of the addition of Rs. 1,30,59,974/- for AY 2016-17, Rs. 1,81,04,999/- for AY 2017-18, Rs. 2,02,45,191/- for AY 2018-19, Rs. 3,04,26,937/- for AY 2019-20, Rs. 1,95,31,356/- for AY 2020-21, and Rs. 87,66,675/- for AY 2021-22. The reasoning for deletion was not explicitly stated in the provided excerpt but implied by the allowance of these grounds. Regarding the addition of profit element on cash transactions with M/s. Mohanlal Jewellers Pvt Ltd (Issue 3), the Tribunal held that the entries in the seized material were unreliable. Consequently, the addition of gross profit made on account of unmatched entries between the assessee's books and the data seized from MJPL was held unsustainable and directed to be deleted for AYs 2017-18 to 2021-22. Regarding the addition made on account of unaccounted interest paid to parties (Issue 8), the Tribunal held the addition to be untenable and directed its deletion, following its decision in the preceding AY 2020-21. Regarding the disallowance of excess labour charges paid to M/s. AJMPL (Issue 9), the Tribunal directed deletion of the addition, finding it identical to the issue in AY 2020-21 and following its prior decision. Regarding the addition made on account of valuation of closing stock (Issue 10), the Tribunal directed the AO to delete the addition of Rs. 10,42,97,645/- for AY 2021-22. The Tribunal relied on the principle that valuation of closing stock is not a source of profit, citing Chainrup Sampatram v. CIT and CIT v. Dynavision Ltd. It also noted the consistency in the assessee's valuation method, its acceptance in subsequent assessments (AYs 2022-23 and 2023-24), and the tax-neutrality of such adjustments, deeming the AO's action contradictory and erroneous. The Tribunal expressly left undecided the issues related to unexplained cash credit based on material seized from Shri Anbuchezhiyan (Issue 2), cash deposited during demonetization (Issue 4), and cash investment with M/s. Bhoomi & Building Pvt Ltd (Issue 5), as these were not discussed in the provided excerpt. Similarly, the issues concerning disallowance of excess wastage (Issues 6 and 7) were not explicitly addressed in the provided text.
The Tribunal held that the CIT(E) rejected the applications without affording adequate opportunity to the assessees, thus violating the principles of natural justice. The appeals were allowed, and the matters were restored to the CIT(E) for fresh adjudication.
The Tribunal decided the issues as follows: Regarding the addition on account of cash withdrawals by the MD (Issue 1), the Tribunal directed deletion of the addition of Rs. 1,30,59,974/- for AY 2016-17, Rs. 1,81,04,999/- for AY 2017-18, Rs. 2,02,45,191/- for AY 2018-19, Rs. 3,04,26,937/- for AY 2019-20, Rs. 1,95,31,356/- for AY 2020-21, and Rs. 87,66,675/- for AY 2021-22. The reasoning for deletion was not explicitly stated in the provided excerpt but implied by the allowance of these grounds. Regarding the addition of profit element on cash transactions with M/s. Mohanlal Jewellers Pvt Ltd (Issue 3), the Tribunal held that the entries in the seized material were unreliable. Consequently, the addition of gross profit made on account of unmatched entries between the assessee's books and the data seized from MJPL was held unsustainable and directed to be deleted for AYs 2017-18 to 2021-22. Regarding the addition made on account of unaccounted interest paid to parties (Issue 8), the Tribunal held the addition to be untenable and directed its deletion, following its decision in the preceding AY 2020-21. Regarding the disallowance of excess labour charges paid to M/s. AJMPL (Issue 9), the Tribunal directed deletion of the addition, finding it identical to the issue in AY 2020-21 and following its prior decision. Regarding the addition made on account of valuation of closing stock (Issue 10), the Tribunal directed the AO to delete the addition of Rs. 10,42,97,645/- for AY 2021-22. The Tribunal relied on the principle that valuation of closing stock is not a source of profit, citing Chainrup Sampatram v. CIT and CIT v. Dynavision Ltd. It also noted the consistency in the assessee's valuation method, its acceptance in subsequent assessments (AYs 2022-23 and 2023-24), and the tax-neutrality of such adjustments, deeming the AO's action contradictory and erroneous. The Tribunal expressly left undecided the issues related to unexplained cash credit based on material seized from Shri Anbuchezhiyan (Issue 2), cash deposited during demonetization (Issue 4), and cash investment with M/s. Bhoomi & Building Pvt Ltd (Issue 5), as these were not discussed in the provided excerpt. Similarly, the issues concerning disallowance of excess wastage (Issues 6 and 7) were not explicitly addressed in the provided text.
The Tribunal, following a similar precedent, set aside the CIT(E)'s order and remitted the matter for fresh adjudication. It directed the assessee to furnish the required details and file the application in the correct form (Form 10A).
The Tribunal noted the assessee's non-cooperation in both assessment and appellate proceedings. While an ex-parte order was passed by the CIT(A), the Tribunal decided to set aside the order and remit the matter back to the AO for de novo assessment after providing due opportunity.
The Tribunal found that the notices were indeed served on a wrong e-mail address, leading to the assessee's non-appearance. Consequently, the ex-parte order was set aside, and the matter was remitted back to the First Appellate Authority for fresh adjudication after providing a proper opportunity of hearing to the assessee.
The Tribunal deleted the sustained addition of Rs.2,10,000/- under Section 69A, accepting it as past savings from both the assessee and her husband, who are government employees. However, the Tribunal upheld the CIT(A)'s decision to allow only 50% deduction of housing loan interest under Section 24(b) as the property was jointly purchased. The Tribunal also confirmed the CIT(A)'s restriction of Section 80C deduction to Rs.1,08,928/- due to lack of evidence from the assessee for the full claim.
The Tribunal held that the AO and CIT(A) erred in taxing the cash deposits as unexplained income. The assessee had demonstrated a sufficient cash balance from previous years and withdrawals, which was not adequately disproved by the AO. The Tribunal found that the books of accounts, particularly the cash book, were not rejected by the AO.
The Tribunal held that the addition of Rs. 10,13,68,457/- based on the 'MD Sheet' was unjustified. The assessee's explanation that the sheet represented the value of leftover materials from gold conversion, not cash receipts, was accepted. The Tribunal found no evidence to support the AO's inference of unrecorded cash transactions. Regarding the demonetization sales, the Tribunal found the AO's reasoning based on hypothetical statistical analysis and the absence of employee codes to be mere conjecture and surmise. The Tribunal accepted the assessee's explanation that the surge in sales was a consequence of the extraordinary demonetization event, leading to a rush of customers. The production of 93% of invoices, reporting of sales in VAT returns, and payment of VAT liability supported the genuineness of these sales. The non-production of a few invoices was not considered adverse given the overall volume and circumstances. The Tribunal relied on the principle that the source of income or receipt of money must be established, not necessarily the source of legal tender itself, especially when books of account are not found to be non-genuine. The addition on account of demonetization sales was deleted.
The ITAT condoned the 45-day delay in filing the appeal, accepting the reasons provided by the assessee as reasonable. It admitted the additional evidences as *bonafide* and remanded the matter back to the CIT(E) for a *de novo* adjudication of the Section 80G approval application, allowing for consideration of the new and any further evidence.
The Tribunal allowed certain grounds of appeal, directing the deletion of additions related to unexplained cash credit, profit on cash transactions, unaccounted interest payments, and unaccounted labour charges. The Tribunal found the basis for these additions to be unreliable or untenable.
The Tribunal condoned the delay in filing the appeals, acknowledging the assessee's justification. It remitted the issues back to the PCIT(E) for readjudication, directing that the assessee be given a fair opportunity of being heard and comply with statutory notices, subject to a cost payment of Rs. 5,000 for each appeal to the Tamil Nadu State Legal Services Authority.
The Tribunal condoned the delay, citing a reasonable cause for non-filing. While acknowledging the ex-parte orders from the lower authorities, the Tribunal set aside the CIT(A)'s order and remitted the matter back to the Assessing Officer for de novo assessment.
The Tribunal held that in the absence of a specific FTS clause in the India-UAE DTAA, the income should be treated as business income. Since the assessee has no PE in India, the business income is not taxable in India as per Article 7 of the DTAA.
The Tribunal noted that the assessee wished to withdraw the appeals due to opting for the VSVS scheme. The appeals were dismissed as withdrawn with liberty to the appellant to request restoration if the VSVS application is not accepted.
The Tribunal noted that the assessee had itself disallowed the CSR expenditure while filing the return of income, and this aspect was inadvertently missed by the lower authorities. The issue was remitted to the AO for limited verification.
The Tribunal dismissed the assessee's appeal, holding that the addition was made under Section 143(1), which is an independently appealable order, and the assessee should have contested it directly. It affirmed that Section 154 applies only to rectifying arithmetical or typographical errors, and since no such error was found, the CIT(A)'s decision was correct.
The Tribunal held that the reopening of assessment was bad in law as the AO failed to satisfy the conditions precedent for reopening after four years, specifically the requirement of full and true disclosure by the assessee. The AO also made errors in the reasons for reopening.
The Tribunal held that Section 154 does not permit detailed inquiries or verification, and therefore, the AO cannot be faulted for not conducting them. Consequently, the PCIT's assumption of jurisdiction under Section 263 was incorrect, and the directions issued by the PCIT were inoperable.
The Tribunal held that the Assessing Officer lacked the authority to levy late fees under Section 234E while processing TDS statements under Section 200A for periods prior to June 1, 2015, as the enabling provision (Section 200A(1)(c)) was introduced later. Therefore, the late fees were invalid.
The Tribunal held that the CIT(E) rejected the applications without affording adequate opportunity to the assessees, thus violating the principles of natural justice. The appeals were allowed, and the matters were restored to the CIT(E) for fresh adjudication.
The Tribunal held that the CIT(E) rejected the applications without affording adequate opportunity to the assessees, thus violating the principles of natural justice. The appeals were allowed, and the matters were restored to the CIT(E) for fresh adjudication.
The Tribunal noted that the assessee wished to withdraw the appeals due to opting for the VSVS scheme. The appeals were dismissed as withdrawn with liberty to the appellant to request restoration if the VSVS application is not accepted.
The Tribunal noted that the assessee wished to withdraw the appeals due to opting for the VSVS scheme. The appeals were dismissed as withdrawn with liberty to the appellant to request restoration if the VSVS application is not accepted.
The Tribunal held that the Assessing Officer lacked the authority to levy late fees under Section 234E while processing TDS statements under Section 200A for periods prior to June 1, 2015, as the enabling provision (Section 200A(1)(c)) was introduced later. Therefore, the late fees were invalid.
The Tribunal held that the Assessing Officer lacked the authority to levy late fees under Section 234E while processing TDS statements under Section 200A for periods prior to June 1, 2015, as the enabling provision (Section 200A(1)(c)) was introduced later. Therefore, the late fees were invalid.
The Tribunal held that the Assessing Officer lacked the authority to levy late fees under Section 234E while processing TDS statements under Section 200A for periods prior to June 1, 2015, as the enabling provision (Section 200A(1)(c)) was introduced later. Therefore, the late fees were invalid.
The Tribunal condoned the significant delay in filing the appeal due to the assessee's death and the legal heir's lack of knowledge about the proceedings. The appeal was remitted to the AO for fresh adjudication to provide a reasonable opportunity of hearing.
The Tribunal condoned the delay in filing the appeals, acknowledging the assessee's justification. It remitted the issues back to the PCIT(E) for readjudication, directing that the assessee be given a fair opportunity of being heard and comply with statutory notices, subject to a cost payment of Rs. 5,000 for each appeal to the Tamil Nadu State Legal Services Authority.
The Tribunal condoned a 188-day delay in filing the appeal due to the Managing Trustee's mother's illness. Citing the proviso to Section 12A(2) and a prior Chennai Bench decision, the Tribunal remanded the matter to the Assessing Officer. The AO is directed to examine if the trust's objects and activities remained unchanged between AY 2018-19 and 2019-20; if so, the benefit of exemption under Sections 11 and 12 for AY 2018-19 should be extended.
The Tribunal set aside the CIT(A)'s order, remitting the matter back for fresh adjudication. The assessee was granted one last opportunity to be heard, with a warning that future non-compliance would be viewed adversely.
The Tribunal found that the Ld.CIT(A) violated principles of natural justice by rejecting additional evidence without providing the assessee a proper opportunity to explain its non-submission to the AO. It also noted the Ld.CIT(A) failed to follow the two-stage opportunity under Rule 46A. Consequently, the assessment order was set aside and remanded to the AO for a de novo assessment.
The Tribunal held that the Revenue's appeal was not maintainable due to low tax effect, citing a CBDT circular. The assessee's MA was dismissed as infructuous.
The Tribunal set aside the orders of the lower authorities and remitted the matter back to the AO for de novo adjudication. The assessee was granted a final opportunity to present its case and supporting evidence, with a directive to comply with the AO's notices.