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455 orders · Page 4 of 10
The Tribunal considered the assessee's request and allowed the appeal to be withdrawn. Consequently, the appeal filed by the assessee was dismissed as withdrawn.
The Tribunal found that the CIT(A) violated principles of natural justice by dismissing the appeal ex-parte without deciding on merits. The appeal is restored to the CIT(A) for a fresh decision after providing a proper opportunity of being heard.
The Tribunal held that since the addition in the hands of the co-partner was deleted by the Hon'ble High Court, there was no reason to sustain the addition in the assessee's hands. Consequently, the penalty levied on this addition was also directed to be deleted.
The Tribunal held that disallowance under Section 14A cannot exceed the exempt income earned by the assessee. Following established legal principles, the CIT(A)'s order was upheld.
The Tribunal held that the matter should be remanded back to the CIT(A) to adjudicate the issues on merits. The assessee was directed to comply with revenue notices and avoid seeking unnecessary adjournments.
The Tribunal allowed the appeal regarding service tax, stating it should be deducted on a receipt basis. For unverifiable expenses, the Tribunal directed the AO to examine the issue with reference to short bookings and allow purchases accordingly. Other ad-hoc disallowances were ordered to be deleted.
The Tribunal found that the profit estimation by the AO was not based on comparable cases and that the profit margin for such businesses depends on various factors. The Tribunal reduced the estimated profit to 10% of gross receipts.
The Tribunal held that the issues on which additions were made were debatable, and the assessee had made full disclosure. Therefore, the penalty under Section 271(1)(c) was not leviable as there was no concealment or furnishing of inaccurate particulars.
The Tribunal held that the addition of Rs. 1 crore was based on suspicion and set aside the addition, allowing the assessee's appeal. Regarding the Rs. 2.56 crores, the Tribunal found that the assessee had provided sufficient evidence to establish the identity, genuineness, and creditworthiness of the lenders, thus dismissing the revenue's appeal.
The Tribunal held that the AO wrongly assumed jurisdiction in framing the reassessment order under Section 147. Since the original assessment was annulled, the AO should have proceeded from the stage of the return of income, and the reassessment was based on the same grounds considered in the void assessment.
The Tribunal followed the decision of a co-ordinate bench for AY 2010-11. The co-ordinate bench had held that executing a partnership deed constituted the commencement of business, and no additional evidence was filed before the CIT(A) that warranted further opportunity for the AO.
The Tribunal allowed one ground of appeal concerning the treatment of mobile handsets issued as business expenditure, finding it to be revenue in nature. Other grounds related to sales tax return discrepancies and Section 10AA deductions were dismissed.
The Tribunal held that the addition of Rs. 6,31,000/-, Rs. 1,00,000/-, Rs. 4,37,400/-, and Rs. 8,50,000/- were confirmed by the Ld. CIT(A) based on detailed reasons provided in the impugned appellate order. The Tribunal noted that the assessee was absent during the hearing. The Revenue's representative relied on the assessment and appellate orders. The Tribunal found that the Ld. CIT(A) had passed a speaking order on merits and that no material was brought before the Tribunal to persuade it to take a different view. The Tribunal observed that the presumption under Section 132(4A) is rebuttable, but it was the assessee's failure to rebut the presumption that was a finding of fact. The Tribunal declined to interfere with the Ld. CIT(A)'s order and accordingly dismissed the appeal. The Tribunal explicitly clarified that the assessee would be at liberty to approach the ITAT for restoration of the appeal under Proviso to Rule 24 of Income Tax (Appellate Tribunal) Rules, 1963.
The Tribunal found that the assessee had filed evidence regarding the payments, which was not verified by the lower authorities. Therefore, the issue was remanded back to the Assessing Officer for verification of the evidence and genuineness of the claim.
The Tribunal held that the addition of Rs. 1 crore was based on suspicion and set aside the addition, allowing the assessee's appeal. Regarding the Rs. 2.56 crores, the Tribunal found that the assessee had provided sufficient evidence to establish the identity, genuineness, and creditworthiness of the lenders, thus dismissing the revenue's appeal.
The Tribunal set aside the impugned order and remanded the case to the Assessing Officer. This was done to allow the assessee an opportunity to be heard after issuing proper notice to the correct address.
The Tribunal dismissed the appeal filed by the Revenue. This was done in light of CBDT Circular No. 17/2019, which sets monetary limits for filing appeals.
The Tribunal remanded the matter back to the CIT(A) to adjudicate the issues on merits by way of a speaking order. The assessee was directed to comply with notices and avoid unnecessary adjournments.
The Tribunal held that since the assessee failed to produce books of accounts and supporting evidence, the estimation of net profit by the AO and confirmed by the CIT(A) was justified. Similarly, the disallowance of depreciation due to lack of purchase bills and fabrication cost was also upheld.
The Tribunal allowed one ground of appeal concerning the treatment of mobile handsets issued as business expenditure, finding it to be revenue in nature. Other grounds related to sales tax return discrepancies and Section 10AA deductions were dismissed.
The Tribunal found that the assessee had a bonafide reason for not producing the bills. Therefore, the case was remanded back to the CIT(Exemptions) to consider the matter afresh.
The tribunal dismissed the appeal in limine because it was barred by limitation. The tribunal also considered the issues on merits and found no reason to interfere with the CIT(A)'s order.
The Tribunal held that the reassessment proceedings were initiated without proper application of mind by the AO and the approving authority. The approval for issuing the notice under Section 148 was found to be mechanical and not based on independent satisfaction, rendering the reopening invalid.
The Tribunal held that the CIT(A) should have considered the material before making a decision and should have afforded the assessee a reasonable opportunity to present their case. The matter was remanded for fresh disposal.
The Tribunal held that since the addition in the hands of the co-partner was deleted by the Hon'ble High Court, there was no reason to sustain the addition in the assessee's hands. Consequently, the penalty levied on this addition was also directed to be deleted.
The Tribunal restored the issue to the Assessing Officer for fresh adjudication. This was based on similar decisions for co-owners where additional evidence was considered and the matter was remanded.
The Tribunal allowed the appeal regarding service tax, stating it should be deducted on a receipt basis. For unverifiable expenses, the Tribunal directed the AO to examine the issue with reference to short bookings and allow purchases accordingly. Other ad-hoc disallowances were ordered to be deleted.
The Tribunal held that the departmental appeal was not maintainable as the tax effect was less than the monetary limit prescribed by the CBDT circular. The Learned DR could not provide any exceptions to this circular.
The Tribunal held that the appeal falls within the ambit of CBDT Circular No. 17/2019 and its subsequent clarification, which prescribe monetary limits for preferring appeals. Therefore, the appeal deserved to be dismissed on account of low tax effect.
The Tribunal held that the TPO cannot determine the arm's length price as Nil, citing a High Court precedent. It found that the assessee did derive benefits from the services and set aside the issue to the TPO for re-determination of the arm's length price.
The Tribunal held that the CIT(Appeals) enhanced the assessee's income without issuing a proper notice, violating the principles of natural justice. Therefore, the matter was restored to the CIT(Appeals) for fresh adjudication.
The Tribunal held that the CIT(Appeals) enhanced the assessee's income without issuing a proper notice, violating the principles of natural justice. Therefore, the matter was restored to the CIT(Appeals) for fresh adjudication.
The Tribunal held that the notice issued under Section 143(2) was invalid because it was issued on the same date the assessee appeared before the Assessing Officer and submitted a letter treating the original return as a response to the Section 148 notice. Consequently, the reassessment proceedings were quashed.
The Tribunal held that the CIT(Appeals) enhanced the assessee's income without issuing a proper notice, violating the principles of natural justice. Therefore, the matter was restored to the CIT(Appeals) for fresh adjudication.
The Tribunal held that the notice issued under Section 143(2) was invalid because it was issued on the same date the assessee appeared before the Assessing Officer and submitted a letter treating the original return as a response to the Section 148 notice. Consequently, the reassessment proceedings were quashed.
The Tribunal held that the CIT(Appeals) enhanced the assessee's income without issuing a proper notice, violating the principles of natural justice. Therefore, the matter was restored to the CIT(Appeals) for fresh adjudication.
The Tribunal held that the CIT(Appeals) enhanced the assessee's income without issuing a proper notice, violating the principles of natural justice. Therefore, the matter was restored to the CIT(Appeals) for fresh adjudication.
The Tribunal held that the assessee had acted in good faith and with due diligence regarding the transfer pricing transactions, especially considering the impact of abnormal foreign exchange fluctuations. Therefore, the penalty was not leviable.
The Tribunal dismissed the appeal filed by the assessee. The Tribunal noted that the assessee was absent during the hearing. The Revenue was represented by the Sr. DR, who relied on the assessment order and the CIT(A)'s order. The Tribunal found that the CIT(A) had passed a speaking order with detailed reasons for its decision. No material was presented before the Tribunal to persuade it to take a view different from that of the CIT(A). Therefore, the Tribunal declined to interfere with the impugned appellate order of the CIT(A). The Tribunal explicitly clarified that the assessee would be at liberty to approach the ITAT for restoration of the appeal in accordance with Proviso to Rule 24 of Income Tax (Appellate Tribunal), Rules, 1963, if they chose to do so, and the matter would be considered in accordance with law. The ratio of the decision is that an appeal will be dismissed if no new material is presented to challenge the findings of the lower appellate authority, and the assessee remains absent.
The Tribunal held that disallowance of entire salary expenses was not justified as the assessee provided other employee details, but modified the disallowance to Rs. 25,00,000/-. For gift and business promotion expenses, the issue was restored to the AO for one final opportunity to the assessee to furnish details.
The Tribunal found that the CIT(A) had not given sufficient opportunity to the assessee. Therefore, in the interest of justice, the matters were set aside to the CIT(A) for fresh adjudication after providing adequate opportunity.
The Tribunal found that the CIT(A) had passed an ex-parte order without providing sufficient opportunity to the assessee. Therefore, in the interest of justice, the issues were set aside to the CIT(A) for a fresh decision.
The Tribunal found that the assessee was not granted a proper opportunity of hearing before the CIT(A) due to a communication error regarding the hearing date. Therefore, the matter was remanded back to the CIT(A) for fresh adjudication on merits.
The Tribunal set aside the CIT(A)'s order and restored the issues to the CIT(A)'s file for a fresh decision. This was done after both parties agreed to provide the assessee with a reasonable opportunity to be heard.
The Tribunal found that the CIT(A) had not given sufficient opportunity to the assessee. Therefore, the issues were set aside to the CIT(A) to be decided afresh after providing adequate opportunity of hearing.
The Tribunal held that since no incriminating material was found during the search, no addition could be made under Section 153A. Furthermore, the addition had already been dealt with and deleted by a previous CIT(A), making it impermissible to reiterate the same addition.
The Tribunal found that the CIT(A) had not provided sufficient opportunity to the assessee. Therefore, the issues were set aside to the CIT(A) to be decided afresh after giving adequate opportunity of being heard.
The assessee filed an application stating they did not wish to press the appeal and sought permission to withdraw it. The Revenue had no objection to this request.
The Tribunal held that the assessment order was bad in law as it was passed in the name of a non-existent entity, despite directions to reassess in the hands of the correct legal entity. The subsequent assessment also suffered from similar procedural defects.