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193 orders · Page 1 of 4
The Tribunal found that the assessee had indeed filed responses, contradicting the CIT(A)'s finding. Therefore, the CIT(A)'s order was set aside.
The Tribunal noted that the CIT(A) had decided the appeal ex parte despite the assessee seeking an adjournment. It also acknowledged that the funds originated from devotee offerings and were recorded in audited books. The Tribunal set aside the CIT(A)'s order and remanded the issue for fresh consideration.
The Tribunal found that the assessee had explanations and documents to contest the disallowances. Since the CIT(A) dismissed the appeals without a detailed adjudication, the Tribunal set aside the order and remanded the issue back for a fresh decision.
The Tribunal set aside the CIT(A)'s order and restored the issue to the AO for fresh adjudication. This was to allow verification of new evidence, including the District Court order, which was not considered by the lower authorities.
The Tribunal noted that the CIT(A) had decided the appeal ex parte despite the assessee seeking an adjournment. It also acknowledged that the funds originated from devotee offerings and were recorded in audited books. The Tribunal set aside the CIT(A)'s order and remanded the issue for fresh consideration.
The Tribunal held that the AO erred by adding VAT only to the closing stock, as any adjustment to inventory valuation must consider both opening and closing stock to maintain neutrality. The assessee's method of valuation was found to be in compliance with Section 145A and ICDS-II.
The Tribunal held that the lower authorities erred by not considering the latest Supreme Court judgment which overruled the High Court's Full Bench decision. The Tribunal set aside the orders and remitted the issue back to the Assessing Officer for fresh consideration.
The Tribunal found that the assessee had explanations and documents to contest the disallowances. Since the CIT(A) dismissed the appeals without a detailed adjudication, the Tribunal set aside the order and remanded the issue back for a fresh decision.
The ITAT found that the assessee was not properly served with hearing notices by the CIT(A), making their absence a genuine reason. Therefore, the ITAT set aside the CIT(A)'s ex parte order.
The Tribunal held that the assessee was not provided with the inspector's inquiry report, violating principles of natural justice. Considering a favorable assessment for a subsequent year, the case was remitted to the AO for de novo consideration.
The Tribunal held that Section 69C, and consequently Section 115BBE, cannot be invoked when the source of expenditure is not in doubt and has been explained. Furthermore, the CIT(E) exceeded its jurisdiction by widening the scope of the revision beyond the issues raised in the show cause notice.
The Tribunal held that the AO erred by adding VAT only to the closing stock without a corresponding adjustment to the opening stock, which is not permissible. The Tribunal found that the assessee's method of valuing inventory, which considered the impact of VAT on both opening and closing stock, was compliant with Section 145A and ICDS-II, resulting in a neutral tax effect.
The Tribunal held that the repayment of deposits in cash was due to the insistence of the ex-employees and that the transactions were genuine, supported by ledger accounts and affidavits. The object of the provisions was not defeated as there were no allegations of unaccounted money or false entries.
The Tribunal, following a precedent from the jurisdictional High Court and its own prior decision, held that interest income earned on deposits with another co-operative society is eligible for deduction under Section 80P(2)(d). Therefore, the disallowance by the lower authorities was set aside.
The Tribunal held that the AO erred by adding VAT only to the closing stock without a corresponding adjustment to the opening stock. It was noted that the inclusive method of valuation, when applied consistently to both opening and closing stock, results in a neutral tax effect.
The Tribunal found that the CIT(A) had not properly verified the details submitted by the assessee and had passed a non-speaking order. Therefore, the Tribunal set aside the CIT(A)'s order and remitted the issue back for a fresh decision.
The Tribunal held that the AO erred by adding VAT only to the closing stock without a corresponding adjustment to the opening stock, which is not permissible. The assessee's method of valuation, which resulted in a neutral tax effect, was accepted.
The Tribunal set aside the CIT(A)'s order and restored the issue to the AO for fresh adjudication. This was to allow verification of new evidence, including the District Court order, which was not considered by the lower authorities.
The Tribunal found the CIT(A)'s order to be bad in law due to the lack of a personal hearing, non-provision of a VC link, and failure to furnish the remand report. Consequently, the matter was remitted back to the AO for a fresh decision.
The Tribunal held that the repayment of deposits in cash was due to the insistence of the ex-employees and that the transactions were genuine, supported by ledger accounts and affidavits. The object of the provisions was not defeated as there were no allegations of unaccounted money or false entries.
The Tribunal set aside the CIT(A)'s order and restored the issue to the AO for fresh adjudication. This was to allow verification of new evidence, including the District Court order, which was not considered by the lower authorities.
The Tribunal found that the assessee had explanations and documents to contest the disallowances. Since the CIT(A) dismissed the appeals without a detailed adjudication, the Tribunal set aside the order and remanded the issue back for a fresh decision.
The Tribunal set aside the CIT(A)'s orders and remitted the issues back to the CIT(A) for a fresh decision on merits. This was done to grant the assessee an opportunity to present their case with documentary evidence and receive a personal hearing.
The Tribunal noted that the Kerala High Court had already set aside the CIT(A) orders for fresh adjudication. Therefore, the Revenue's appeals were considered not maintainable.
The Tribunal noted that the Hon'ble Kerala High Court had already set aside the CIT(A) orders for fresh adjudication. Therefore, the appeals filed by the Revenue were not maintainable.
The Tribunal held that the CIT (Exemption) erred in rejecting the application as belated. Following precedent, the Tribunal condoned the delay and directed the grant of registration.
The Tribunal held that interest earned on deposits made in the Government Treasury, as per the guidelines of the Co-operative Societies Act, is eligible for deduction under Section 80P(2)(a)(i). This decision was based on a Supreme Court ruling.
The tribunal held that the capital contribution by partners was sufficiently explained and set aside the addition. Regarding direct expenses, the tribunal found the ad-hoc disallowance improper but reduced it to 10% to curb potential revenue leakage.
The Tribunal held that an employer-employee relationship is a prerequisite for levying FBT. Since the expenses were not incurred for employees, they could not be treated as fringe benefits, except for entertainment expenses.
The Tribunal upheld the CIT(A)'s decision, noting that the department had not appealed a similar order for the previous assessment year. The Tribunal found the assessee's welfare activities for ex-employees to be in line with the Act and relevant Supreme Court judgments.
The Tribunal set aside the CIT(A)'s orders and remitted the issues back to the CIT(A) for a fresh decision on merits. This was done to grant the assessee an opportunity to present their case with documentary evidence and receive a personal hearing.
The Tribunal, in the interest of justice, granted the assessee one more opportunity to present her case before the AO. The appeal was allowed for statistical purposes.
The Tribunal, following a precedent from the Mumbai Tribunal, held that lease premium paid for land constitutes an intangible asset and is eligible for depreciation under Section 32 of the Income Tax Act. The disallowance made by the AO was set aside.
The Tribunal held that the AO made the disallowance under Section 14A read with Rule 8D mechanically and without recording proper satisfaction, as mandated by law. The Supreme Court's decision in Maxopp Investment Ltd. was cited, emphasizing the need for AO satisfaction before applying Rule 8D.
The Tribunal held that the AO made the disallowance under Section 14A read with Rule 8D mechanically and without recording proper satisfaction, as mandated by law. The Supreme Court's decision in Maxopp Investment Ltd. was cited, emphasizing the need for AO satisfaction before applying Rule 8D.
The Tribunal noted that the Hon'ble Kerala High Court had already set aside the CIT(A) orders for fresh adjudication. Therefore, the appeals filed by the Revenue were not maintainable.
The Tribunal held that the assessee cannot be subjected to penalty merely for accepting a quantum addition that was set aside in earlier years. Following a precedent, the penalty was deleted.
The Tribunal set aside the CIT(A)'s orders and remitted the issues back to the CIT(A) for a fresh decision on merits. This was done to grant the assessee an opportunity to present their case with documentary evidence and receive a personal hearing.
The Tribunal held that the AO made the disallowance under Section 14A read with Rule 8D mechanically and without recording proper satisfaction, as mandated by law. The Supreme Court's decision in Maxopp Investment Ltd. was cited, emphasizing the need for AO satisfaction before applying Rule 8D.
The Tribunal held that the CIT (Exemption) erred in rejecting the application as belated. Following precedent, the Tribunal condoned the delay and directed the grant of registration.
The Tribunal held that the assessee is eligible for deduction under Section 80P as long as it deals only with its members, even if the agricultural loan component is minimal. The Supreme Court's ruling in Mavilayi Service Co-operative Bank Ltd. was cited.
The Tribunal found that the appeal filed by the Revenue was indeed a duplicate. Therefore, it was held to be not maintainable and dismissed as infructuous.
The Tribunal held that the assessee is eligible for deduction under Section 80P as long as it deals only with its members, even if the agricultural loan component is minimal. The Supreme Court's ruling in Mavilayi Service Co-operative Bank Ltd. was cited.
The Tribunal held that since the foreign agents had no permanent establishment in India and rendered services outside India, the commission income did not accrue or arise in India. Therefore, Section 195 was not applicable, and the disallowance was incorrect.
The Tribunal held that Section 2(22)(e) of the Income Tax Act, 1961, cannot be invoked as the assessee company is not a registered shareholder of the company from which the loan was received. The provision requires the recipient to be a shareholder.
The Tribunal held that the Revenue cannot take a contradictory stand in different assessment years. Since the Revenue had allowed the set-off of losses in the previous year (AY 2017-18) under identical facts, it cannot disallow it in the current year.
The Tribunal held that specified bank notes were not mere pieces of paper before December 31, 2016, and could be transacted. It accepted the assessee's explanation that the deposits were sourced from prior cash withdrawals, as the revenue could not disprove it, and directed the deletion of the addition.
The Tribunal found that the CIT's order lacked proper reasoning and basis for concluding that the trust's activities benefited only a particular community. The Tribunal directed the CIT to re-adjudicate the issue afresh with detailed reasoning.
The Tribunal held that since the foreign agents had no permanent establishment in India and rendered services outside India, the commission income did not accrue or arise in India. Therefore, Section 195 was not applicable, and the disallowance was incorrect.
The Tribunal found sufficient cause for the assessee's non-appearance before the CIT(A) due to the circumstances of their counsel. The order of the CIT(A) was set aside and the issue was remanded for fresh adjudication.