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530 orders · Page 5 of 11
The CIT(A) deleted the addition, finding that the invoices represented income, not expenses, and that the assessee had provided supporting documents like agreements and TDS certificates. The Tribunal agreed that the veracity of the agreement needed verification.
The tribunal held that the CIT(A) has a duty to decide appeals on merits after hearing parties and providing reasons. Dismissing an appeal for non-prosecution without proper opportunity is infirm. The CIT(A) also failed to condone the delay in filing the appeal.
The ITAT held that the CIT(A) has a duty to decide appeals after hearing parties and providing reasons. Dismissing appeals for non-prosecution without considering merits is an infirmity. The CIT(A) must provide reasoned orders after affording reasonable opportunity of hearing.
The ITAT held that the CIT(A) has a duty to decide appeals on merits after hearing parties and providing reasons. Dismissing an appeal ex-parte without considering the merits is an infirmity.
The Tribunal held that the Assessing Officer had made sufficient inquiries regarding the interest income and its adjustment against project expenditure. The Tribunal also noted that the assessee had commenced business, distinguishing it from precedents cited by the revenue.
The ITAT held that the CIT(A) has a duty to decide appeals on merits after hearing parties and providing reasons. Dismissing an appeal for non-prosecution without going into merits is infirm.
The ITAT held that the CIT(A) has a duty to decide appeals after hearing parties and providing reasons. Dismissing appeals for non-prosecution without considering merits is an infirmity. The CIT(A) must provide reasoned orders after affording reasonable opportunity of hearing.
The ITAT held that the CIT(A) has a duty to decide appeals on merits with reasons, and cannot dismiss them for non-prosecution without proper procedure. The ex-parte order was found to be infirm.
The ITAT held that the CIT(A) has a duty to decide appeals on merits after hearing parties and providing reasons. Dismissing an appeal for non-prosecution without considering merits is infirm.
The Tribunal found that the CIT(A) had dismissed the assessee's appeal ex-parte without providing a sufficient opportunity to be heard. Therefore, the Tribunal set aside the issues to the CIT(A) for fresh adjudication.
The tribunal held that the CIT(A) has a duty to decide appeals on merits after hearing parties and providing reasons. Dismissing an appeal for non-prosecution without considering merits is infirm.
The ITAT held that the CIT(A) has a duty to decide appeals after hearing parties and providing reasons. Dismissing appeals for non-prosecution without considering merits is an infirmity. The CIT(A) must provide reasoned orders after affording reasonable opportunity of hearing.
The ITAT held that the CIT(A) erred in dismissing the appeal ex-parte without affording sufficient opportunity and without deciding on merits. The tribunal found the CIT(A)'s order to be infirm.
The Tribunal held that the assessee, a bank, had made provisions for bad and doubtful debts, even if termed as 'Provision for NPA', in accordance with its accounting practices and RBI guidelines. The nomenclature used does not dis-entitle the assessee from claiming the deduction under Section 36(1)(viia).
The ITAT held that the CIT(A) has a duty to decide appeals on merits after hearing parties and providing reasons. Dismissing appeals for non-prosecution without considering merits is an infirmity.
The ITAT held that the CIT(A) failed to decide the appeal on merits and provide a reasoned order as required by Section 250(6) of the Income Tax Act. The tribunal found the ex-parte order to be infirm.
The Tribunal held that the CIT(A) has a duty to decide the appeal on merits after hearing the parties and providing reasons. An ex-parte decision without considering the merits is infirm.
The Tribunal held that Ground No. 1, concerning the addition of Rs. 4,28,47,279/-, should be dismissed. The Tribunal noted that the Profit and Loss account extracted from the IBM laptop was incomplete, showing no opening or closing stock and a significant gross loss, unlike the audited Profit and Loss account filed with the return which showed a net profit. The Tribunal found that the assessee had provided a year-wise reconciliation statement during assessment proceedings, which the AO had not considered. The Tribunal concluded that additions based on incomplete and inconclusive information from the IBM laptop cannot be sustained, especially when the audited financial statements filed with the return were not challenged by the AO. The Tribunal also respectfully followed the decision of a co-ordinate bench in the assessee's own case for earlier assessment years on similar facts. For Ground No. 2, concerning the addition of Rs. 15,00,000/-, the Tribunal held that it should be dismissed. The Tribunal observed that the document in question only contained dates and amounts, and it was unclear whether payments were made by or received by the assessee. Crucially, the document was not found from the assessee's premises but from the site office of Ascent Construction Pvt Ltd. The Tribunal characterized the document as a 'dumb document' from which no logical inference could be drawn, and therefore, no addition could be sustained on its basis. The CIT(A)'s deletion was upheld.
The ITAT held that the CIT(A) has a duty to decide appeals on merits after hearing parties and providing reasons. Dismissing an appeal for non-prosecution without going into merits is infirm.
The ITAT held that the CIT(A) has a duty to decide appeals on merits after hearing parties and providing reasons. Dismissing an appeal for non-prosecution without going into merits is infirm.
The Tribunal found that the assessee had sufficient own funds available, as evidenced by the balance sheet and financial statements, to make the advance to HUDA. Therefore, the addition of notional interest was not sustainable.
The Tribunal held that the assessee was not liable to deduct TDS as the payment was made to HUDA on behalf of DTCP, a government department, and there was no privity of contract between the assessee and HUDA. Furthermore, the Tribunal found that the assessee had a reasonable cause for non-deduction due to debatable clarifications on the issue.
The tribunal held that the CIT(A) has a duty to decide appeals on merits after hearing parties and providing reasons. Dismissing an appeal ex-parte without going into merits is an infirmity.
The ITAT held that the CIT(A) has a duty to decide the appeal on merits after hearing the parties and providing reasons. Dismissing the appeal for non-prosecution without going into merits is an infirmity.
The Tribunal held that the period of holding of the asset should be considered from the date of agreement to purchase, not the date of the sale deed, for the purpose of computing capital gains. Therefore, the gain should be treated as long-term capital gain.
The Tribunal held that the CIT(A) has a duty to decide appeals after hearing parties and providing reasons. Dismissing appeals for non-prosecution without considering merits, or passing orders without reasons, suffers from infirmity.
The Tribunal held that the CIT(A) has a duty to decide appeals after hearing parties and providing reasons. Dismissing appeals for non-prosecution without considering merits, or passing orders without reasons, suffers from infirmity.
The Tribunal held that disallowance under Section 14A was not warranted as the AO failed to record dissatisfaction and the taxpayer used only equity funds. For international transactions, the matter was remitted to the AO/TPO to examine deductibility under Section 37(1). The issue of non-compete fee depreciation was also remitted for fresh adjudication.
The ITAT held that the CIT(A) has a duty to decide the appeal after hearing the parties and provide reasons for the decision. Dismissing an appeal for non-prosecution without considering merits is an infirmity.
The ITAT held that the CIT(A) has a duty to decide appeals on merits after hearing parties and providing reasons. Dismissing an appeal for non-prosecution without proper opportunity or without deciding on merits is infirm.
The Tribunal held that disallowance under Section 14A was not warranted as the AO failed to record dissatisfaction and the taxpayer used only equity funds. For international transactions, the matter was remitted to the AO/TPO to examine deductibility under Section 37(1). The issue of non-compete fee depreciation was also remitted for fresh adjudication.
The tribunal held that the CIT(A) has a duty to decide appeals on merits after hearing parties and providing reasons. Dismissing an appeal for non-prosecution without proper procedure is infirm.
The ITAT held that the CIT(A) must decide appeals on merits after hearing parties and providing reasons. Dismissing an appeal for non-prosecution without considering merits is infirm.
The ITAT held that the CIT(A) has a duty to decide appeals on merits after hearing parties and providing reasons. Dismissing an appeal for non-prosecution without going into merits is infirm.
The Tribunal held that the reassessment proceedings were initiated mechanically without independent application of mind by the Assessing Officer, based on borrowed satisfaction from the Investigation Wing. Therefore, the reassessment was quashed as being without jurisdiction.
The Tribunal held that the CIT(A) has a duty to decide the appeal on merits after hearing the parties and providing reasons. Dismissing an appeal for non-prosecution without considering merits is infirm.
The Tribunal held that the CIT(A) has a duty to decide appeals on merits after hearing parties and providing reasons. Dismissing an appeal for non-prosecution without going into merits is infirm.
The ITAT held that the CIT(A) has a duty to decide appeals after hearing parties and providing reasons. Dismissing appeals for non-prosecution without considering merits is an infirmity. The CIT(A) must provide reasoned orders after affording reasonable opportunity of hearing.
The tribunal held that the CIT(A) has a duty to decide appeals on merits after hearing parties and providing reasons. Dismissing an appeal for non-prosecution without proper opportunity is an infirmity.
The ITAT held that the CIT(A) erred in deciding the appeals ex-parte without providing a reasonable opportunity of hearing and without adjudicating on the merits. The tribunal set aside the CIT(A)'s order and remanded the matter back for a reasoned decision.
The Tribunal upheld the CIT(A)'s decision to estimate the GP at 5% on an estimated turnover, acknowledging that while purchases might not be entirely reliable, disallowing all purchases was incorrect as sales were accepted. The Tribunal followed a previous year's precedent where a similar GP estimation was upheld.
The ITAT held that the CIT(A) erred in deciding the appeals ex-parte without providing a reasonable opportunity of hearing and without adjudicating on the merits. The tribunal set aside the CIT(A)'s order and remanded the matter back for a reasoned decision.
The ITAT held that the CIT(A) must decide appeals on merits after giving a reasonable opportunity of hearing and providing reasons for the decision, as per Section 250(6) of the Income Tax Act. Dismissing an appeal for non-prosecution without considering merits is infirm.
The Tribunal held that CBDT Circular No. 17/2019, which enhanced the monetary limit for filing appeals to Rs. 50 lakhs before the ITAT, applies retrospectively to pending appeals. Therefore, the appeal filed by the Revenue was dismissed.
The ITAT held that the CIT(A) has a duty to decide appeals on merits after hearing parties and providing reasons. Dismissing an appeal for non-prosecution without considering merits is infirm.
The ITAT held that the CIT(A) has a duty to decide appeals on merits after hearing parties and providing reasons. Dismissing an appeal for non-prosecution without considering merits is infirm.
The Tribunal held that the Assessing Officer erred in using the total investment value for disallowance calculation. The numerical 'B' in Rule 8D(2)(ii) refers to the average value of investment yielding exempt income.
The Tribunal held that the reopening of assessment under Section 147 was illegal and bad in law due to incorrect reasons and lack of proper service of notice. The Tribunal also noted that the addition of Rs. 52.91 crores was made without issuing a fresh notice.
The Tribunal noted that the assessee failed to prove the genuineness and creditworthiness of the investee companies providing share capital. The issue was restored to the AO for the assessee to explain the source and creditworthiness of these companies.
The Tribunal held that the CIT(A) has a duty to decide appeals on merits after hearing parties and providing reasons. Dismissing an appeal for non-prosecution without considering merits is an infirmity.