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422 orders · Page 7 of 9
The Tribunal allowed the assessee's request to withdraw the appeal as the Senior Departmental Representative had no objection. Consequently, the appeal was dismissed as withdrawn.
The Tribunal restored the issue to the Assessing Officer, directing him to grant one final opportunity to the assessee to substantiate their case. The assessee was also directed to appear before the AO to explain the cash deposits.
The Tribunal held that the income from licensing software to independent distributors is not royalty but business income. Since the assessee has no Permanent Establishment in India, this business income is not taxable.
The Tribunal held that the income from licensing software to independent distributors is not royalty but business income. Since the assessee has no Permanent Establishment in India, this business income is not taxable.
The Tribunal held that the expenses incurred on gifts to employees and associates on festive occasions were allowable as they were customary and linked to business. However, the issue of maintenance charges was remanded to the AO for re-determination.
The Tribunal held that while reopening based on a factual error pointed out by audit is permissible, in this case, the AO had already considered the issue of surplus grants during the original assessment. Therefore, the reopening was based on a mere change of opinion, which is not permissible.
The Tribunal noted that the issues were covered by a Supreme Court judgment not available during the original assessment. Both parties agreed to a fresh assessment based on this judgment.
The Tribunal found merit in the assessee's submission that the CIT(A) passed a non-speaking order. Therefore, the Tribunal remitted the issues back to the CIT(A) to decide afresh after considering all evidence and passing a speaking order.
The Tribunal held that the assessee society is entitled to approval/exemption under Section 10(23C)(vi) of the Income Tax Act, 1961. The Tribunal found that it is not in dispute that the aims and objects of the assessee are to promote education and that the assessee, in pursuance of these objects, has only carried out educational activities. The Tribunal reasoned that merely mentioning some other aims and objects, which are included as per the requirements of the Registrar of Societies, would not disentitle the assessee from claiming exemption. The CCIT did not provide any material to show that the assessee was engaged in any other activity. The Tribunal relied on the judgment of the Hon'ble Punjab & Haryana High Court in Harf Charitable Trust (Regd.) Malerkotla vs. Chief Commissioner of Income Tax And Another, which held that the predominant object test should be applied and that a mere conferment of power to do business would not debar consideration for registration without a finding that the predominant object was to do business. The Tribunal set aside the order of the CCIT and directed the CCIT to grant approval/exemption to the assessee. The issue of whether the assessee exists for the purpose of profit was not substantiated by the Revenue.
The Tribunal upheld the DRP's decision to exclude core auto parts manufacturers as comparables, stating the distinction between core and non-core is important for FAR analysis. It also held that forex gains/losses should be treated as non-operating, aligning with the DRP's direction.
The Tribunal upheld the CIT(A)'s decision, finding that the CIT(A) had rightly deleted the additions. The Tribunal agreed that the date of agreement should not be treated as the date of acquisition for Section 54 purposes and that no maintenance charges were received by the assessee.
The Tribunal found that the lower authorities passed ex-parte orders without adhering to natural justice principles. Consequently, the matter was remitted back to the Assessing Officer for fresh adjudication.
The Tribunal held that the transactions were between close family members and for a genuine cause (stamp duty for a house). Relying on various High Court and Tribunal decisions, it was found that there was a reasonable cause under Section 273B, making the penalty under Section 271D not applicable.
The Tribunal upheld the CIT(A)'s decision, finding that the CIT(A) had rightly deleted the additions. The Tribunal agreed that the date of agreement should not be treated as the date of acquisition for Section 54 purposes and that no maintenance charges were received by the assessee.
The Tribunal held that the notice issued by the AO under Section 271(1)(c) read with Section 274 was bad in law because it failed to specify whether the penalty proceedings were for concealment of income or furnishing of inaccurate particulars. Consequently, the penalty imposed was not sustainable.
The Tribunal held that the reassessment notices were quashed by the Supreme Court. Consequently, the reassessment orders, which were the subject of the appeals, were rendered infructuous.
The Tribunal held that the reassessment notices were quashed by the Supreme Court. Consequently, the reassessment orders, which were the subject of the appeals, were rendered infructuous.
The Tribunal held that service tax collected by the assessee does not have any element of income and therefore cannot form part of the gross receipts for computing presumptive income under Section 44BB. The assessee acts only as a collection agency for the government.
The Tribunal noted that a similar issue for a prior assessment year was restored to the AO for reconsideration by the ITAT. Following this precedent, the Tribunal set aside the orders of the lower authorities and restored the matter to the AO for re-decision.
The Tribunal admitted the additional grounds raised by the assessee, which were purely legal and did not require fresh facts. These grounds were remitted back to the CIT(A) for fresh adjudication.
The Tribunal upheld the deletion of the addition, finding that the bonus was a variable remuneration decided by the Board prior to the financial year and paid during the year. The Tribunal also noted that similar issues in previous assessment years were decided in favor of the assessee.
The Tribunal directed the exclusion of certain comparable companies (E Clerx Services Ltd., Infosys BPO Ltd., TCS E Serve Ltd., and Accentia Technologies Ltd.) due to functional dissimilarity or insufficient information. It also allowed for the inclusion of R Systems International Ltd. after verification of quarterly data. The penalty proceedings were dismissed as premature, and directions were given for proper relief and MAT credit.
The Tribunal found merit in the assessee's submission that the CIT(A) passed a non-speaking order and did not deal with the issues on merit. The matter was remitted back to the CIT(A) for a fresh decision with a speaking order.
The Tribunal upheld the deletion of the addition, finding that the bonus was a variable remuneration decided by the Board prior to the financial year and paid during the year. The Tribunal also noted that similar issues in previous assessment years were decided in favor of the assessee.
The Tribunal held that the disallowance of interest on ECBs was not justified as the loans were used for capital goods for business expansion and the expenditure was commercially justified. The addition on account of Access Deficit Charges (ADC) was also deleted as it was a regulatory levy and not for services rendered by BSNL.
The tribunal dismissed the additional ground regarding the comparable company as it involved a question of fact. The tribunal allowed the appeal on the issue of withholding tax on reimbursement of expenses, stating no such liability arose. For travel expenses, the tribunal directed verification of bills and vouchers, allowing disallowance only for those not in the assessee's name.
The Tribunal held that the adjustment for purchase and sale of raw material/finished goods fell within the permissible +/-5% range. However, the ALP for intra-group services could not be determined at Nil and directed the TPO to verify the tangible benefits derived by the assessee.
The Tribunal found that the CIT(A) ignored the lack of evidence from the assessee regarding medical facilities and expenses. Therefore, the Tribunal set aside the issues to the AO for fresh adjudication.
The assessee requested to withdraw the appeal to avoid further litigation, and the department had no objection. The Tribunal accordingly dismissed the appeal as withdrawn.
The Tribunal held that Section 40A(2)(b) is applicable to disallowance of expenses, not to estimate income. Following previous decisions, the Tribunal set aside the CIT(A)'s order.
The Tribunal held that Section 40A(2)(b) applies to disallowance of expenses, not to treating income as earned. Following previous decisions, the Tribunal set aside the CIT(A)'s order.
The Tribunal restored the issue to the file of the Assessing Officer, granting one final opportunity to the assessee to substantiate the cash deposits. The assessee was directed to cooperate with the assessment proceedings.
The Tribunal restored the issue to the Assessing Officer, granting a final opportunity to the assessee to substantiate the source of cash deposits and bank drafts. The assessee is directed to appear before the AO and explain the same.
The Tribunal held that the Department should not file appeals where the tax effect does not exceed Rs. 20 lakhs, as per CBDT Circular No. 3/2018. The Revenue's appeal was not pressed in view of this circular.
The Tribunal held that the notice under section 143(2) was not served at the correct address within the period of limitation. Consequently, the entire assessment order was vitiated and liable to be quashed.
The Tribunal deleted the disallowance of liquidated damages based on the DRP's directions and consistency with prior year's treatment. Issues regarding contribution to labor welfare fund and set off of brought forward business losses were restored to the Assessing Officer for fresh adjudication. Initiation of penalty proceedings was dismissed as premature.
The Tribunal held that the notice under section 143(2) was not issued to the assessee at the correct address within the period of limitation. Consequently, the entire assessment order was vitiated and liable to be quashed.
The Tribunal upheld the additions made by the lower authorities. It found that the assessee failed to discharge its onus of proving the genuineness of the transactions and the creditworthiness of the investors, applying the test of human probabilities.
The Tribunal held that advance against depreciation is income received in advance and not taxable under normal provisions or Section 115JB, following Supreme Court and Tribunal precedents. It also held that wealth tax is not includible in income tax for book profit computation under Section 115JB.
The Tribunal held that the Assessing Officer did not provide evidence to prove the salaries were excessive and appeared to rely on orders from previous years where relief was granted. The CIT(A)'s decision to delete the addition, following precedent and considering the Sixth Pay Commission, was upheld.
The Tribunal restored the issue to the file of the CIT(A) with a direction to grant one final opportunity to the assessee to present its case and decide on merits.
The Tribunal held that the reimbursements made by the assessee were for day-to-day business expenses incurred by AEs on behalf of the assessee. Since these were actual costs without any markup and were regular business expenses, the assessee was not liable for TDS, and the disallowance was not justified.
The Tribunal held that advance against depreciation is income received in advance and not taxable under normal provisions or Section 115JB, following Supreme Court and Tribunal precedents. It also held that wealth tax is not includible in income tax for book profit computation under Section 115JB.