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662 orders · Page 6 of 14
The Tribunal restored the issue to the AO to provide the assessee with one more opportunity to substantiate its case, considering the grievance regarding lack of proper opportunity and non-service of notice.
The Tribunal allowed the assessee's appeal regarding bogus purchases, deleting the addition. It also allowed the deletion of addition on account of unexplained cash by telescoping it against cash scrap sales. The disallowance under Section 14A was upheld to the extent of exempt income earned.
The Tribunal restored the issue of excise duty payment to the AO for fresh adjudication after verifying the Cenvat credit reconciliation. The Tribunal also restored the issue of net profit rate to the AO for examination of foreign currency transaction losses.
The Tribunal upheld the CIT(A)'s decision to delete the penalty. Since the assessment order itself was invalid, the penalty arising from it had no basis.
The Tribunal condoned the delay in filing the appeal. It held that the validity of the reopening of assessment due to improper approval under Section 151 required further examination. The addition made on account of contract receipts was set aside for fresh adjudication after proper inquiry.
The ITAT allowed the assessee's appeal on grounds 11-14, deleting additions related to bogus purchases from specific vendors, finding the assessee had discharged its burden of proof. The Tribunal dismissed the assessee's appeal on ground 15 regarding Section 14A disallowance, upholding the CIT(A)'s order to the extent of exempt income.
The ITAT held that disallowances under Section 14A could not be made without incriminating material found during a search, as the assessment was unabated. It also found that the disallowance under Section 14A could not exceed the exempt income earned. The tribunal dismissed the Revenue's grounds related to bogus expenses and product development expenses, upholding the CIT(A)'s deletion of these additions.
The Tribunal, following the jurisdictional High Court's decision in ZTE Corporation and other precedents, held that the consideration received for software supply was for a copyrighted article and not royalty. Therefore, it should be treated as business income.
The Tribunal held that the notice u/s 143(2) was not issued within the statutory time limit. Consequently, the assessment order was deemed null and void ab initio.
The Tribunal found that the CIT(A)'s order was cryptic and that the assessee had provided details of sundry creditors and interest income. Therefore, the case was remitted back to the Assessing Officer for fresh adjudication.
The Tribunal held that the management support services provided by the assessee did not 'make available' technical knowledge, experience, skill, or know-how to the recipient in a manner that would allow them to apply it independently. Therefore, the services did not qualify as FTS under Article 12(4) of the DTAA.
The Tribunal held that the assessee had discharged its onus to prove the identity, creditworthiness, and genuineness of the transactions for both the farmers and the directors. The AO had not conducted sufficient independent inquiry.
The Tribunal held that since the interest subsidy and excise duty refund were capital receipts and not income, they could not be included in the book profit computation under Section 115JB. The order of the CIT(A) was set aside.
The Tribunal held that the penalty notice was bad in law as it did not clearly specify the limb of Section 271(1)(c) under which the penalty was being levied. Following jurisdictional High Court decisions, the penalty was quashed.
The Tribunal found that the assessee failed to provide details on the function of each electrical item in the manufacturing process as directed by the High Court. Therefore, the issue was restored to the Assessing Officer for fresh adjudication.
The Tribunal held that the Departmental appeal was not maintainable as it was filed against the Board's instructions regarding monetary limits. Therefore, the appeal was liable to be dismissed.
The Tribunal held that the assessee's withdrawal of the deduction claim due to a genuine belief about DSIR approval, and filing a revised computation during assessment, does not amount to concealing income or furnishing inaccurate particulars. The CIT(A)'s deletion of the penalty was upheld.
The Tribunal condoned the 15-day delay in filing the appeal before the CIT(A), citing a justice-oriented approach and the absence of malafide intention. The matter was restored to the CIT(A) for adjudication on merits.
The tribunal noted that both the assessee and the revenue agreed that the appeal had become infructuous due to the Vivad Se Vishwas Scheme. Therefore, the appeal was treated as withdrawn and dismissed.
The Tribunal held that disallowance under Section 14A is attracted only if exempt income is earned. Since the assessee had not earned any exempt income, the disallowance was deleted.
The Tribunal found that the evidence produced by the assessee was not properly considered by the lower authorities. Therefore, the matter was remanded back to the Assessing Officer for fresh adjudication.
The Tribunal found that the assessment order was passed ex parte and the CIT(A) had dismissed the appeal without a speaking order. Therefore, to ensure substantial justice, the case was restored to the AO for fresh decision after providing the assessee an opportunity to present their case.
The Tribunal held that while re-registration is not explicitly provided, the CIT(Exemption) failed to consider the application properly and dismissed the appeal on irrelevant grounds. The Tribunal directed the CIT(Exemption) to issue a fresh registration certificate without requiring the assessee to fulfill new registration conditions.
The Tribunal found that the assessee failed to provide details on the function of each electrical item in the manufacturing process as directed by the High Court. Therefore, the issue was restored to the Assessing Officer for fresh adjudication.
The Tribunal held that the write-off of the advance to the Managing Director was a genuine business expense, as it was approved by the Board of Directors and the Central Government. Therefore, the disallowance made by the Assessing Officer and confirmed by the CIT(A) was incorrect.
The Tribunal held that the facts for the current assessment year were identical to previous years where similar issues were decided in favor of the assessee by coordinate benches. Therefore, the Tribunal followed its previous decisions.
The tribunal accepted the assessee's request for withdrawal of the appeal. The appeal was dismissed as withdrawn.
The Tribunal held that there was no principal-agent relationship between the assessee and the bank for bank guarantee commission, thus Section 194H was not applicable for TDS. Consequently, the disallowance under Section 40(a)(ia) was deleted.
The Tribunal held that common area maintenance charges are to be treated as business income, not income from house property. It also held that lease rental paid to NOIDA authority is revenue expenditure. The Tribunal followed its own order from the preceding assessment year.
The Tribunal restored both appeals to the file of the AO for fresh adjudication. The AO was directed to provide the assessee with a proper opportunity to present their case.
The Tribunal held that since the surplus pertained to FY 2003-04, when the assessee was governed by Section 11, its utilization should be tested under Section 11(3) and not Section 10(23C). The addition made by the AO was deleted.
The Tribunal restored both appeals to the file of the AO for fresh adjudication. The AO was directed to provide the assessee with a proper opportunity to present their case.
The Tribunal held that since the assessee's registration under Section 12AA was restored, its claim for exemption under Section 11 for the assessment years 2012-13 and 2013-14 was valid. The CIT(A) erred in not considering this claim.
The Tribunal held that since the assessee's registration under Section 12AA was restored, its claim for exemption under Section 11 for the assessment years 2012-13 and 2013-14 was valid. The CIT(A) erred in not considering this claim.
The Tribunal found that the CIT(A) did not consider the assessee's application for filing additional evidence (cash account and ledger) and failed to comment on it. Therefore, the issue was remanded back to the CIT(A) for proper adjudication.
The Tribunal noted that the CIT(A) had already granted relief to the assessee in a prior order, deleting the disallowance under Section 14A. Therefore, the present appeal by the assessee was dismissed as no illegality was found in the CIT(A)'s order.
The Tribunal upheld the CIT(A)'s decision, agreeing that the rate of depreciation was a debatable issue requiring factual deliberation and not a mistake apparent from the record that could be rectified under Section 154.
The Tribunal dismissed the appeal as withdrawn, subject to the condition that if the dispute is not resolved under the VSV scheme, the assessee can seek reinstitution of the appeal.
The Tribunal held that common administrative expenses for Section 80IC deduction should be allocated based on turnover, reversing the CIT(A)'s decision. For the Section 14A issue, due to incomplete facts, the matter was remanded to the CIT(A) for fresh adjudication.
The Tribunal held that the license fee paid for the use of goodwill is an allowable revenue expenditure, following its own previous decisions. It also held that ad hoc disallowances of travel expenses without specific evidence of personal element are not sustainable.
The Tribunal held that penalty under Section 271(1)(c) is not attracted for certain disallowances like non-deduction of TDS and expenses disallowed under Section 40A(3). For machinery maintenance expenses, the Tribunal found no mala fide or untenable claim and directed the penalty to be obliterated.
The Tribunal restored the issue to the AO to verify the IDS declaration and tax payment, considering the non-issuance of Form 4 was beyond the assessee's control. The assessee was directed to appear before the AO for a fresh decision.
The Tribunal dismissed the Revenue's appeal, upholding the CIT(A)'s decisions. The disallowance of depreciation was deleted as it was allowed in the first year of capitalization. The addition under Section 14A was restricted to dividend income. Club expenses and late payment of PF/ESI were also decided in favor of the assessee.
The Tribunal upheld the CIT(A)'s decision that the reassessment order was illegal and void ab initio because a mandatory notice under section 143(2) was not validly issued or served after the assessee filed its return in response to the section 148 notice.
The Tribunal dismissed the revenue's appeal, following a Delhi High Court judgment in the assessee's own case for earlier assessment years. The High Court had held that the assessee did not have a PE in India and no income was attributable to it.
The Tribunal noted that the assessee had opted for settlement under the Vivad Se Vishwas Scheme and the Department had issued Form No. 3. Consequently, the appeal was allowed to be withdrawn.
The Tribunal found that the Assessing Officer's estimation of disallowance was incorrect as the assessee had provided PAN details for most depositors. The Tribunal remanded the issue to the Assessing Officer for fresh consideration and directed the dismissal of most of the Revenue's grounds of appeal.
The Tribunal held that the CIT(Appeals) rejecting additional evidence on unsustainable grounds and deciding the appeal without considering them was not in accordance with the law. The matter was remitted back to the CIT(Appeals) for a fresh decision.
The Tribunal allowed the additional ground raised by the assessee and restored the issue back to the CIT(A). The CIT(A) was directed to give one final opportunity to the assessee to substantiate their case and decide the issue on merits, including the additional ground.
The Tribunal held that the land retained its character as agricultural land despite the area being notified as an industrial estate. The notification did not alter the land's character, and it was never converted to non-agricultural use through proper procedures. Therefore, the sale proceeds were not liable to tax.