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383 orders · Page 4 of 8
The Tribunal held that additions related to share capital and kickbacks were not sustainable in the hands of the assessee as an individual. It also found that certain additions were made without proper application of mind and deleted them.
The Tribunal, following a previous order of a coordinate bench upheld by the High Court, held that there cannot be any profit element in intra-group transactions. The AO was directed to consider transactions with outside parties only for profit computation.
The Tribunal held that additions related to share capital and kickbacks were not sustainable in the hands of the assessee as an individual. It also found that certain additions were made without proper application of mind and deleted them.
The Tribunal restored the issue to the AO for fresh adjudication, directing him to consider assessment orders for AYs 2011-12 and 2012-13 where the assessee's income was accepted under Section 44AD, and also consider subsequent years' returns accepted by the AO.
The Tribunal held that the reassessment proceedings were invalid because the notice under Section 148 was not served on the assessee. Since the assessee succeeded on this legal ground, the addition on merit became academic.
The Tribunal held that the assessee was not provided with adequate opportunity by the authorities below. Therefore, the assessment was restored to the AO for fresh assessment after giving due opportunity.
The Tribunal restored the issue to the Assessing Officer to determine whether the amount received was enhanced compensation or simple interest. The Assessing Officer was directed to decide the issue afresh after verification.
The Tribunal held that the reassessment proceedings were valid as the sale of land was not disclosed. It further upheld the disallowance of deduction under Section 54B, stating that the investment must be in the assessee's name for the exemption to be valid, citing various High Court and Tribunal decisions.
The Tribunal found that the assessee was not provided with an adequate opportunity to represent his case effectively before the lower authorities. The Tribunal set aside the orders of the lower authorities and restored the case to the AO for fresh assessment.
The Tribunal held that the assessee was not provided with adequate opportunity by the authorities below. Therefore, the assessment was restored to the AO for fresh assessment after giving due opportunity.
The Tribunal held that the Assessing Officer did not conduct proper inquiry regarding the sale consideration discrepancy. The AO should have verified the agreement to sell and the buyer's claim, rather than summarily rejecting the assessee's explanation.
The Tribunal, considering the assessee's submission of shifting directors and potential for substantiation, restored the issue to the AO. The assessee was granted one more opportunity to present evidence without adjournment.
The Tribunal restored the issue to the file of the AO, granting one final opportunity to the assessee to substantiate her case. The assessee was directed to cooperate with the AO for early completion of assessment.
The Tribunal held that the CIT(A) was not justified in sustaining the addition of Rs. 7,01,500/- as the Assessing Officer had not brought any evidence on record that the withdrawn amount was utilized elsewhere. Therefore, this addition was directed to be deleted.
The Tribunal held that the CIT(A) was not justified in sustaining the addition of Rs. 10,81,000/- as the AO had not provided evidence that the withdrawn amount was utilized elsewhere. The Tribunal directed the deletion of this addition.
The Tribunal held that the assessee was not provided with adequate opportunity by the authorities below. Therefore, the assessment was restored to the AO for fresh assessment after giving due opportunity.
The Tribunal held that the remittances were for teaching in or by educational institutions, falling under the exclusion clause of Article 12 of the DTAA. Therefore, the income was not chargeable to tax in India, and no TDS obligation arose.
The Tribunal held that the distribution revenue earned by the assessee cannot be taxed as royalty but as business income. It followed a co-ordinate bench's decision on identical facts, stating that broadcasting rights are distinct from copyright.
The Tribunal held that the distribution revenue earned by the assessee cannot be taxed as royalty but as business income. It followed a co-ordinate bench's decision on identical facts, stating that broadcasting rights are distinct from copyright.
The Tribunal held that the CIT(A) passed an ex-parte order in violation of natural justice. The matter was remanded to the AO for fresh adjudication to allow the assessee to explain the bank transactions.
The Tribunal held that the services provided were routine business support services and did not 'make available' technology, know-how, or skills to the recipient, thus not qualifying as FTS under the treaty. It also ruled that surcharge and cess are not leviable when a DTAA rate is applied.
The Tribunal held that the reasons recorded by the AO for reopening were sketchy and lacked specific material to establish escapement of income. The information received was not sufficient to form a valid belief for reopening.
The Tribunal, following the Supreme Court's decision in Engineering Analysis Centre of Excellence Private Limited, held that the income from the license of 'off the shelf' software is not taxable as royalty. Therefore, the CIT(A)'s decision to delete the addition was upheld.
The Tribunal held that the distribution revenue earned by the assessee cannot be taxed as royalty but as business income. It followed a co-ordinate bench's decision on identical facts, stating that broadcasting rights are distinct from copyright.
The Tribunal held that the distribution revenue earned by the assessee cannot be taxed as royalty but as business income. It followed a co-ordinate bench's decision on identical facts, stating that broadcasting rights are distinct from copyright.
The Tribunal held that the distribution revenue earned by the assessee cannot be taxed as royalty but as business income. It followed a co-ordinate bench's decision on identical facts, stating that broadcasting rights are distinct from copyright.
The Tribunal found that the demand notice was issued much later, and the appeal was filed promptly after receiving it. Therefore, the CIT(A) was directed to adjudicate the case on merits.
The Tribunal decided to remit the issues of excess capital and sundry creditors back to the AO for fresh assessment, allowing the assessee one last opportunity to produce evidence. The CIT(A)'s decision on the undisclosed profit addition was confirmed.
The Tribunal upheld the CIT(A)'s decision to delete the additions made by the AO. The Tribunal found that the assessment for the year was already completed before the search, and no incriminating material was found during the search to justify the additions under Section 153A.
The Tribunal held that the distribution revenue earned by the assessee cannot be taxed as royalty but as business income. It followed a co-ordinate bench's decision on identical facts, stating that broadcasting rights are distinct from copyright.
The Tribunal noted that as per Section 4(2) of the Vivad Se Vishwas Act, the appeal is deemed withdrawn upon issuance of a settlement certificate. Therefore, the appeal was dismissed.
The Tribunal held that the reasons for reopening were the same as those for AY 2009-10 and 2010-11, which were quashed by the Delhi High Court. The Supreme Court also dismissed the revenue's SLP in a related matter.
The Tribunal upheld the CIT(A)'s decision to delete the disallowances for road construction and CSR expenses, finding them to be allowable under Section 37(1) based on commercial expediency and business necessity. The appeal was dismissed.
The Tribunal held that the tax effect in the Revenue's appeal was below the monetary limit prescribed by CBDT Circular No. 17/2019. Therefore, the appeal was not maintainable on account of low tax effect.
The Tribunal held that the distribution revenue earned by the assessee cannot be taxed as royalty but as business income. It followed a co-ordinate bench's decision on identical facts, stating that broadcasting rights are distinct from copyright.
The Tribunal held that the payments received by the assessee for the sale of software products to Indian resellers do not constitute royalty under Article 12 of the India-USA DTAA. The agreements granted only a right to sell/resell, not to use or exploit the copyright.
The Tribunal held that the remittances were for teaching in or by educational institutions and thus fell under the exclusion clause of Article 12 of the DTAA. Therefore, the income was not chargeable to tax in India, and no TDS obligation arose.
The Tribunal held that the remittances were for teaching in or by educational institutions, falling under the exclusion clause of Article 12 of the DTAA. Therefore, the income was not chargeable to tax in India, and no TDS obligation arose.
The Tribunal held that for the assessment years in question, payments of employee's PF/ESIC contributions made before the due date of filing the income tax return were allowable as per prevailing High Court judgments. The subsequent amendment from AY 2021-22 was prospective.
The Tribunal quashed the reassessment proceedings because they were initiated on factually incorrect grounds, specifically the erroneous belief that the assessee had not filed a return. Consequently, all subsequent proceedings and additions were also quashed.
The Tribunal upheld the CIT(A)'s decision to delete the disallowance. It relied on a CBDT circular and judicial precedents stating that TDS is not applicable on bank guarantee commission paid to scheduled Indian banks.
The tribunal noted that the assessee had opted for settlement under the Vivad Se Vishwas Scheme and the Department had issued the relevant form. Consequently, the appeal was allowed to be withdrawn.
The Tribunal held that only investments yielding exempt income should be considered for computing the average value of investment under Section 14A read with Rule 8D. The issue was restored to the AO for recomputation.
The Tribunal noted that the assessee had opted to settle the appeal under the Vivad se Vishwas Act, 2020. Consequently, the appeal was treated as withdrawn and dismissed.
The Tribunal found parity of facts with its own previous decisions in the assessee's own case for earlier years. Following the coordinate bench's decision, the Tribunal dismissed the revenue's appeal.
The Tribunal held that the appeal filed by the Revenue was not maintainable as the tax effect was below the monetary limit prescribed by the CBDT circular. The Revenue could not provide any exceptions to the circular.
The Tribunal restored the issue to the AO for recomputation of disallowance under Section 14A read with Rule 8D. The AO is directed to consider only investments that actually yielded dividend income, excluding those on which no dividend was received.
The Tribunal, following its own previous decision on identical facts, directed the AO to delete the impugned disallowances. The Tribunal found parity of facts with earlier years where the issue was decided in favor of the assessee.