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540 orders · Page 3 of 11
The Tribunal dismissed the appeal for want of prosecution, citing the assessee's non-appearance despite repeated opportunities and unserved notices. This decision followed precedents from the Supreme Court and Delhi Tribunal.
The Tribunal followed its previous decision for AY 2001-02 to 2004-05, which accepted the assessee's method of calculating peak credit. Consequently, the Tribunal set aside the authorities' orders and directed the AO to make additions based on the assessee's calculation.
The Tribunal restored the issue to the file of the CIT(A) with a direction to grant one final opportunity to the assessee to substantiate her case, considering the interest of justice.
The Tribunal accepted the assessee's request for withdrawal of the appeal. The Revenue reserves the right to approach the court if any objection arises in the assessee making payment subsequent to the scheme's processing.
The Tribunal held that since the quantum additions, which formed the basis for the penalties, had been deleted by a coordinate bench, the penalties must also be deleted. The AO was directed to delete the penalties levied.
The Tribunal held that the appeal of the Revenue deserved to be dismissed on account of low tax effect, as per CBDT Circular No. 17/2019 and its subsequent clarification. The circulars were binding on tax authorities and applied retrospectively to pending appeals.
The Tribunal accepted the assessee's request for withdrawal of the appeal. The respondent CIT(DR) had no objection to the withdrawal.
The Tribunal held that excess expenditure incurred by a charitable trust in earlier years can be adjusted against the income of subsequent years, considering it as application of income for charitable purposes. This aligns with High Court judgments on the matter.
The Tribunal held that the enhanced rent paid by the assessee was pursuant to a valid agreement and had not been disallowed in prior years, supporting the CIT(A)'s decision. Regarding director commissions, the Tribunal found that payments were within limits, approved by shareholders, and the assessee had paid substantial dividends, upholding the CIT(A)'s deletion of the disallowance.
The Tribunal held that the enhanced rent paid by the assessee was pursuant to a valid agreement and had not been disallowed in prior years, supporting the CIT(A)'s decision. Regarding director commissions, the Tribunal found that payments were within limits, approved by shareholders, and the assessee had paid substantial dividends, upholding the CIT(A)'s deletion of the disallowance.
The Tribunal held that the appeals filed by the Revenue were not maintainable due to low tax effect, as per CBDT Circular No. 17/2019 and its subsequent clarification. The appeals were dismissed in limine without considering the merits of the case.
The Tribunal found that the CIT(A) passed an ex parte order without deciding the appeal on merits, violating principles of natural justice and Section 250(6) of the Income Tax Act. The matter was restored to the CIT(A) for re-adjudication.
The Tribunal held that an assessee is entitled to raise additional grounds and make fresh claims before appellate authorities, even if not made in the original or revised return, provided relevant material is available. The CIT(A) erred in rejecting the claims solely on the procedural ground of not filing a revised return.
The Tribunal held that CBDT Circular No. 17/2019 applies to pending appeals and that the appeal filed by the Revenue is not maintainable due to the tax effect being less than Rs. 50 lakhs.
The Tribunal found that the notices issued to the assessee were not proven to have been served and the order was passed in haste. Therefore, the Tribunal set aside the CIT(E)'s order and remitted the case back for fresh adjudication.
The Tribunal noted that the assessee appeared to be uninterested in prosecuting the appeal. Following precedents, the appeal was dismissed for want of prosecution.
The Tribunal found that the CIT(A) passed an ex parte order without deciding the appeal on merits, violating principles of natural justice and Section 250(6) of the Income Tax Act. The matter was restored to the CIT(A) for re-adjudication.
The Tribunal held that Dr. N.K. Arora, as the Executive Director appointed by the trust and paid remuneration, did not fall under the definition of a 'specified person' under Section 13(3). Therefore, the denial of exemption under Section 13(1)(c)(ii) was incorrect.
The Tribunal upheld the CIT(A)'s decision, finding no reason to interfere with the finding that the liquidated damages were a deductible expenditure actually deducted by customers. The Revenue failed to point out any fallacy in the CIT(A)'s findings.
The Tribunal noted that the assessee had opted for the Vivad se Vishwas scheme. Consequently, the appeal was rendered infructuous.
The Tribunal held that payments for the supply of software, under a license agreement for use, do not constitute royalty taxable in India as per the DTAA. This decision followed a Supreme Court ruling on similar matters.
The Tribunal held that the appeal filed by the Revenue was not maintainable as the tax effect involved was less than the monetary limit prescribed by CBDT Circular No. 17/2019. This circular mandates that appeals should not be filed before the ITAT unless the tax effect exceeds Rs. 50 lakhs.
The Tribunal restored the issue to the file of the CIT(A) to grant one final opportunity to the assessee to present her case. The assessee is directed to appear without seeking adjournments.
The Tribunal held that the appeal was not maintainable due to low tax effect, as per CBDT Circular No.17/2019 which sets a monetary limit of Rs. 50,00,000/- for filing appeals before the Tribunal.
The Tribunal allowed the assessee's request to withdraw the appeal. Consequently, the appeal filed by the assessee was dismissed.
The Tribunal held that the CBDT Circular No. 17/2019, which enhanced the monetary limit for filing appeals, applies to pending appeals. Therefore, the appeal filed by the Revenue was not maintainable.
The Tribunal upheld the CIT(A)'s decision to delete an addition related to a cash payment of Rs. 1,90,00,000/- to Mr. Neeraj Arora, as there was no corroborative evidence. The Tribunal also upheld the CIT(A)'s relief of Rs. 7,66,312/- on unexplained credit, as TDS was deducted on this amount.
The Tribunal dismissed the appeal as withdrawn/not pressed, applying CBDT circulars that revised monetary limits for appeals. The Revenue can seek re-institution if exceptions apply.
The Tribunal upheld the deletion of penalties, agreeing with the CIT(A) that the additions on which the penalties were based had been deleted by the ITAT in earlier quantum appeals. Therefore, the basis for imposing the penalty no longer existed.
The Tribunal held that the CIT(A) failed to decide the appeal on merits and violated principles of natural justice by passing an ex-parte order without proper adjudication. The impugned order was set aside.
The Tribunal held that the CIT(A) should have decided the appeal on merits as per Section 250(6) of the IT Act. Therefore, the case was restored to the CIT(A) for a final opportunity to the assessee.
The Tribunal followed its previous decision for AY 2001-02 to 2004-05, which accepted the assessee's method of calculating peak credit. Consequently, the Tribunal set aside the authorities' orders and directed the AO to make additions based on the assessee's calculation.
The Tribunal held that the appeals filed by the Revenue were not maintainable due to low tax effect, as per CBDT Circular No. 17/2019 and its subsequent clarification. The appeals were dismissed in limine without considering the merits of the case.
The assessee requested to withdraw the appeal as they opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020. The Tribunal allowed the withdrawal request.
The Tribunal noted the assessee's request to withdraw the appeal. The Tribunal granted the request and dismissed the appeal as withdrawn.
The Tribunal noted that the CBDT circular enhanced the monetary limit for filing appeals to Rs. 50 lakhs and applies to pending appeals. Therefore, the appeal was dismissed as non-maintainable due to low tax effect.
The Tribunal held that since the quantum addition, on which the penalty was levied, had already been deleted by the Tribunal in earlier proceedings, the penalty cannot survive. Therefore, the penalty was deleted.
The Tribunal held that since the assessment was completed under section 143(3) and the assessee subsequently provided necessary details, the earlier defaults were implicitly condoned. Therefore, the penalty under section 271(1)(b) was not sustainable.
The Tribunal, considering the assessee's arguments, past expenses, and tax audit report, decided that a 5% disallowance of the claimed expenses would meet the ends of justice.
The Tribunal held that the disallowance under Section 14A cannot exceed the amount of tax-exempt income earned. Therefore, the disallowance should be restricted to the difference between the tax-free income and the suo moto disallowance made by the assessee.
The Tribunal dismissed the appeal as withdrawn/not pressed, citing CBDT circulars that revised the monetary limit for filing appeals to the Tribunal. The Revenue was granted liberty to approach the Tribunal if exceptions applied.
The Tribunal found that the CIT(A) had not decided the appeal on merits but in an ex-parte manner due to the assessee's non-appearance. Therefore, the Tribunal restored the issue to the CIT(A) to grant one final opportunity to the assessee to present his case.
The assessee has opted to settle the tax arrears under the Vivad Se Vishwas Scheme, 2020. Consequently, the Revenue's appeals are dismissed as withdrawn.
The Tribunal noted that the CBDT circular mandates that departmental appeals before the ITAT shall not be filed if the tax effect does not exceed Rs. 50 lacs. In this case, the tax effect was admittedly less than Rs. 50 lacs, rendering the appeal not maintainable.
The Tribunal held that the PCIT failed to point out any specific error in the Assessing Officer's order. The revised return was valid, and inquiries regarding unsecured loans and sundry creditors were sufficiently conducted by the Assessing Officer.
The Tribunal upheld the CIT(A)'s decision to delete the addition, agreeing that no incriminating material was found during the search proceedings to support the addition. The assessment was based solely on external information.
The Tribunal dismissed the appeal filed by the Revenue as withdrawn, citing CBDT circulars that revised the monetary limit for filing appeals. The Revenue was granted liberty to re-institute the appeal if exceptions applied.
The Tribunal held that penalty under Section 271(1)(c) is not sustainable when the AO rejects book results and estimates profit at a higher rate than declared by the assessee, especially when the assessee has provided evidence of lower profit margins in similar businesses. The Tribunal relied on High Court decisions stating that estimated additions alone do not automatically lead to a penalty for concealment.
The Tribunal upheld the CIT(A)'s order, agreeing that penalty is not tenable on ad-hoc disallowances and debatable issues. The lack of specificity in the penalty notice was also a critical factor in sustaining the deletion.
The Tribunal held that since the difference between the circle rate and the actual sale consideration was less than 10% (approximately 7.73%), the addition made by the AO was not justified. The Tribunal followed a precedent where similar additions were deleted.