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427 orders · Page 1 of 9
The Tribunal held that the explanation for the cash found was not an afterthought and there was no legal bar to keeping it at the business premises. Regarding the addition for alleged differences in payments, the Tribunal found that the excess amounts were paid by customers to separate service providers, not the assessee.
The Tribunal held that the assessee discharged its onus by filing an affidavit of non-service, and the Revenue failed to prove proper and valid service of notice under Section 143(2) within the statutory period. Consequently, the assessment order was quashed.
The Tribunal held that additions made under Section 153A can only be based on incriminating material found during a search. Since no such material was found, the additions were deleted.
The Tribunal held that the reopening of the assessment was bad in law because the AO had not applied his mind to the materials on record before issuing the notice. The Tribunal followed precedents from the Delhi High Court on the requirement of application of mind by the AO.
The Tribunal held that the assessee discharged its onus by filing an affidavit of non-service, and the Revenue failed to prove proper and valid service of notice under Section 143(2) within the statutory period. Consequently, the assessment order was quashed.
The Tribunal held that the CIT(A) failed to follow the mandatory provisions of Section 250(6) of the Income Tax Act by not providing points for determination and reasons for the decision. The impugned orders were set aside.
The Tribunal held that the CIT(A) cannot dismiss an appeal for non-prosecution and must decide on merits. The matter was set aside for fresh adjudication with an opportunity for the assessee to be heard.
The Tribunal held that the reopening of the assessment was bad in law because the AO had not applied his mind to the materials on record before issuing the notice. The Tribunal followed precedents from the Delhi High Court on the requirement of application of mind by the AO.
The Tribunal held that the Assessing Officer is duty-bound to allow the carry forward of unabsorbed depreciation as per law. The period of limitation for rectification under Section 154 does not apply to proceedings consequent upon orders of appellate authorities.
The Tribunal held that the CIT(A) was justified in admitting additional evidence and that a mere change in profit-sharing ratio does not constitute a change in the constitution of the firm for the purpose of setting off losses. However, certain additions related to interest and bank charges were remanded for fresh verification.
The Tribunal held that the Assessing Officer is duty-bound to allow the carry forward of unabsorbed depreciation as per law. The period of limitation for rectification under Section 154 does not apply to proceedings consequent upon orders of appellate authorities.
The Tribunal held that technical fees and legal fees for establishing manufacturing facilities as part of ongoing business strategy are revenue expenditure. However, provisions for gratuity are not deductible. Late deposited EPF contributions are allowable as deductions.
The Tribunal upheld the CIT(A)'s decision to delete the additions, finding that the CIT(A) correctly inferred the rejection of book results and estimated net profit at a reasonable rate. The CIT(A)'s approach was deemed fair and in accordance with the law.
The Tribunal held that the CIT(A) cannot dismiss an appeal for non-prosecution and must decide on merits. The matter was set aside for fresh adjudication with an opportunity for the assessee to be heard.
The Tribunal held that the CIT(A) failed to follow the mandatory provisions of Section 250(6) of the Income Tax Act by not providing points for determination and reasons for the decision. The impugned orders were set aside.
The Tribunal held that the Assessing Officer is duty-bound to allow the carry forward of unabsorbed depreciation as per law. The period of limitation for rectification under Section 154 does not apply to proceedings consequent upon orders of appellate authorities.
The Tribunal found that the AO did not provide a due and reasonable opportunity of being heard to the assessee and framed the assessment in haste. The CIT(A) also failed to adjudicate the issues raised by the assessee. Therefore, the Tribunal set aside the impugned orders.
The Tribunal held that the issue of depreciation rate is debatable and cannot be rectified under Section 154, as it requires examination of material and application of mind. Therefore, the AO's rectification order was quashed.
The Tribunal held that the CIT's invocation of Section 263 was bad in law for AYs 2003-04 and 2004-05, finding no prejudice to revenue. For AY 2002-03, it found a lack of inquiry by the AO, deeming the assessment order erroneous and prejudicial to revenue.
The Tribunal held that the CIT(A) cannot dismiss an appeal for non-prosecution and must decide on merits. The matter was set aside for fresh adjudication with an opportunity for the assessee to be heard.
The Tribunal held that the CIT(A) cannot dismiss an appeal for non-prosecution and must decide on merits. The matter was set aside for fresh adjudication with an opportunity for the assessee to be heard.
The Tribunal held that the CIT's invocation of Section 263 was bad in law for AYs 2003-04 and 2004-05, finding no prejudice to revenue. For AY 2002-03, it found a lack of inquiry by the AO, deeming the assessment order erroneous and prejudicial to revenue.
The Tribunal presumed that the assessee was not serious in pursuing the appeal due to the lack of representation. Consequently, the appeal was dismissed in limine.
The Tribunal held that the issue of transfer pricing adjustment on account of AMP expenses, particularly the classification of distributor expenses, needed to be examined afresh by the TPO. The TPO was directed to verify the assessee's claims with supporting documents and pass a speaking order.
The Tribunal held that the CIT(A) erred in deleting the ALP addition without proper examination and without calling for a remand report. However, the deletion of the disallowance for depreciation on computer peripherals was upheld based on jurisdictional High Court precedent.
The Tribunal found that the AO did not provide a due and reasonable opportunity of being heard to the assessee and framed the assessment in haste. The CIT(A) also failed to adjudicate the issues raised by the assessee. Therefore, the Tribunal set aside the impugned orders.
The Tribunal held that the assessee had discharged its primary onus by providing substantial evidence for the identity, creditworthiness, and genuineness of the lenders and share applicants. The AO failed to rebut this evidence.
The Tribunal held that the CIT(A) correctly examined the cash flow and found that the deposits were explained by personal savings, opening cash balance, and business turnover. The addition of Rs. 27,000/- was sustained due to a minor negative cash balance in a short period.
The Tribunal upheld the CIT(Appeals)'s deletion of additions related to cash deposits, finding the assessee's explanation justified. For other issues, the Tribunal allowed the assessee's cross-objections and dismissed the Revenue's appeals.
The Tribunal upheld the CIT(A)'s order deleting the penalty. It found that the issue of TDS on salaries of non-residents deputed to India was a debatable and nascent issue, and the assessee had genuine and bonafide reasons for non-compliance initially.
The Tribunal held that the CIT's invocation of Section 263 was bad in law for AYs 2003-04 and 2004-05, finding no prejudice to revenue. For AY 2002-03, it found a lack of inquiry by the AO, deeming the assessment order erroneous and prejudicial to revenue.
The Tribunal held that the Assessing Officer is duty-bound to allow the carry forward of unabsorbed depreciation as per law. The period of limitation for rectification under Section 154 does not apply to proceedings consequent upon orders of appellate authorities.
The Tribunal held that Form 26AS alone cannot be the basis for addition without independent inquiry and verification of documentary evidence. The matter was restored to the AO for de novo assessment after affording an opportunity to the assessee.