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600 orders · Page 11 of 12
The Tribunal held that the addition on account of low yield was unjustified as the assessee provided all necessary details and the books of accounts were not rejected. The partial disallowance of expenses was also upheld as some expenses were unverifiable.
The Tribunal held that interest-free loans to AEs cannot be justified on grounds of commercial expediency when dealing with international transactions under transfer pricing provisions. However, it found inconsistency in the TPO's approach to determining the ALP of interest and directed a re-computation.
The Tribunal noted the absence of the assessee and the lack of any request for adjournment. Citing previous judgments, the Tribunal held that the appeals were not being prosecuted by the assessee.
The Tribunal found that the assessee failed to provide a proper bifurcation of travel and conveyance expenses. Therefore, the order of the CIT(A) was set aside for further verification by the Assessing Officer.
The Tribunal held that the CIT(A) erred by passing an order without providing the assessee with an opportunity to be heard, violating the principles of natural justice. The impugned order was set aside.
The Tribunal held that the addition on account of low yield was unjustified as the assessee provided all necessary details and the books of accounts were not rejected. The partial disallowance of expenses was also upheld as some expenses were unverifiable.
The Tribunal restored the matter to the CIT(A) for adjudication of the legal grounds raised by the assessee regarding the validity of the reassessment proceedings. The issue on merit was not decided as no arguments were advanced by either side.
The Tribunal, following Rule 19(2) of ITAT Rules and various judicial precedents, treated the appeal as unadmitted due to non-appearance and dismissed it in limine. The Tribunal clarified that the appeal could be recalled if the assessee provides satisfactory reasons for non-appearance.
The Tribunal held that the CIT(A) did not rely on additional evidence but on documents already produced before the AO. The AO's findings were contradictory regarding the assessee's liability to submit C-Forms and the provision for contingencies.
The Tribunal held that the assessee's activities in HIV/AIDS control prima facie constitute medical relief. The CIT(E) was directed to re-examine the application after providing the assessee an opportunity to present details and demonstrate its medical relief activities.
The Tribunal held that interest on receivables arising from delays in payment by AEs constitutes an international transaction. It also emphasized the preference for internal comparable uncontrolled transactions (CUPs) for benchmarking.
The Tribunal held that since the expenditure was shown as work-in-progress and not claimed as a deduction, the AO should have reduced the work-in-progress instead of making an addition. The AO is directed to reduce the work-in-progress to compute the income.
The Tribunal found that the assessee had not provided plausible reasons or evidence to justify the significant delay of 513 days. Consequently, the Tribunal was unable to condone the delay.
The Tribunal found that the penalty order was passed in a hurried manner and the assessee was not given adequate opportunity of being heard. The objections raised by the assessee were not properly disposed of.
The Tribunal held that Section 14A of the Income Tax Act is not applicable if the assessee has not earned any exempt income during the relevant assessment year. Following the jurisdictional High Court's decision, the Tribunal found no infirmity in the CIT(A)'s order.
The Tribunal held that since the additions of Rs. 1.50 crore and Rs. 7.25 lakh, which formed the basis for the penalty, were deleted by the Tribunal in quantum proceedings, the penalty could not survive.
The Tribunal held that the validity of reopening under section 148 is a jurisdictional issue that can be raised at any stage. In the interest of natural justice, the matter was restored to the AO to decide the validity of reopening and the merits of the case, considering the additional evidence.
The Tribunal held that the CIT(A) erred in admitting additional evidence without providing the Assessing Officer an opportunity to examine it, as required by Rule 46A(3) of the Income Tax Rules. Therefore, the matter was restored to the CIT(A) for fresh adjudication.
The Tribunal held that since the additions were made due to absence of evidence and the assessee had now procured the documents, it was in the interest of justice to remand the issues back to the Assessing Officer for fresh verification.
The Tribunal held that education, whether from recognized or unrecognized courses, falls within the definition of charitable purposes. Following its own previous order for an earlier assessment year, the Tribunal found no infirmity in the CIT(A)'s decision to allow exemption.
The Tribunal dismissed the appeal filed by the Revenue. This decision was based on the CBDT Circular No. 21 of 2015, which revised the monetary limit for filing appeals to the Tribunal to Rs. 10,00,000/-.
The Tribunal set aside the orders of the lower authorities and remanded the matter back to the Assessing Officer. The assessee was granted an opportunity to present their case and details, with a direction to cooperate and avoid frivolous adjournments.
The Tribunal set aside the orders of the lower authorities and remanded the matter back to the Assessing Officer. The assessee was granted an opportunity to present their case and details, with a direction to cooperate and avoid frivolous adjournments.
The Tribunal held that the Commissioner of Income Tax (TDS) wrongly invoked Section 263 as the Assessing Officer had made proper inquiries and taken a permissible view. The Tribunal also found that Section 194J was not applicable to roaming charges.
The Tribunal held that the Commissioner of Income Tax (TDS) wrongly invoked Section 263 as the Assessing Officer had made proper inquiries and taken a permissible view. The Tribunal also found that Section 194J was not applicable to roaming charges.
The Tribunal held that the Commissioner of Income Tax (TDS) wrongly invoked Section 263 as the Assessing Officer had made proper inquiries and taken a permissible view. The Tribunal also found that Section 194J was not applicable to roaming charges.
The Tribunal noted that the assessee was not present and had not requested an adjournment, indicating a lack of interest in pursuing the appeal. Therefore, the appeal was dismissed for want of prosecution.
The ITAT found that the CIT(A) passed an ex-parte order without providing sufficient opportunity to the assessee. Therefore, the ITAT set aside the CIT(A)'s order and remanded the issue back for fresh adjudication.
The Tribunal held that the Principal Commissioner's order under Section 263 was merely a second opinion and could not be sustained as the Assessing Officer had already verified the details. If the PCIT believed further enquiry was needed, it was incumbent upon them to conduct it.
The Tribunal held that Section 14A read with Rule 8D is not applicable when the assessee has not earned any exempt income. The CIT(A) was correct in deleting the disallowance.
The Tribunal held that the provisions of Section 2(22)(e) are not attracted when the assessee is not a shareholder of the company from which it received the loan. The addition made by the AO was deleted.
The Tribunal held that in the absence of any exempt income, no disallowance under Section 14A can be made. This decision was based on the jurisdictional High Court's judgment in Cheminvest Ltd. vs. ACIT.
The Tribunal held that no person should be condemned unheard and that the assessee should be provided with a due opportunity of being heard. Therefore, the matter was sent back to the AO for fresh adjudication on merits.
The Tribunal upheld the order of the CIT(A) in confirming the addition of Rs. 9,167,043/-. The CIT(A) had estimated the profit at 25% of the turnover after finding the assessee non-cooperative.
The Tribunal held that the reopening of assessment under Section 147 was invalid as the AO had merely acted upon information received from the Investigation Wing without applying his own mind. Therefore, the reassessment framed by the AO was quashed.
The Tribunal held that the assessee is entitled to credit for TDS once the corresponding income is offered as income, irrespective of the accounting method followed. The Tribunal relied on its own previous order for the Assessment Year 2011-12 and other High Court decisions.
The Tribunal upheld the deletion of penalty. It found that the assessee had provided sufficient details and acted on a bonafide belief, and the disallowances were not due to concealment or furnishing of inaccurate particulars.
The Tribunal accepted the assessee's request to withdraw the appeal. The appeal was accordingly dismissed as withdrawn.
The Tribunal held that no disallowance under Section 14A can be made if the assessee has not earned any exempt income. For AY 2008-09, the AO's mechanical application of Rule 8D without proper satisfaction was also found unsustainable.
The Tribunal held that no disallowance under Section 14A can be made if the assessee has not earned any exempt income. For AY 2008-09, the AO's mechanical application of Rule 8D without proper satisfaction was also found unsustainable.
The Tribunal held that no disallowance under Section 14A can be made if the assessee has not earned any exempt income. For AY 2008-09, the AO's mechanical application of Rule 8D without proper satisfaction was also found unsustainable.
The Tribunal held that the assessee had a genuine and bonafide belief for the delay in filing the documentation due to the pending transfer of jurisdiction and subsequent difficulties. Therefore, no penalty could be levied under Section 271G in terms of Section 273B.
The Tribunal held that the Commissioner of Income Tax (TDS) wrongly invoked Section 263 as the Assessing Officer had made proper inquiries and taken a permissible view. The Tribunal also found that Section 194J was not applicable to roaming charges.
The Tribunal held that the Commissioner of Income Tax (TDS) wrongly invoked Section 263 as the Assessing Officer had made proper inquiries and taken a permissible view. The Tribunal also found that Section 194J was not applicable to roaming charges.
The Tribunal held that the Commissioner of Income Tax (TDS) wrongly invoked Section 263 as the Assessing Officer had made proper inquiries and taken a permissible view. The Tribunal also found that Section 194J was not applicable to roaming charges.
The Tribunal held that the issue was identical to a previous case involving the assessee's brother, which was decided in favor of the assessee. The surrender was made during the course of the search and was based on seized documents, and the AO assessed the same income. Therefore, the penalty under Section 271AAA was not justified.