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529 orders · Page 3 of 11
The Tribunal decided to follow the ratio laid down in the previous order of the Tribunal in the assessee's own case. Consequently, the appeals of the assessee were allowed.
The Tribunal held that the assessee failed to provide sufficient cause for the inordinate delay in filing the appeals. The explanations provided were found to be vague and contradictory, and the collateral proceedings did not adequately justify the prolonged delay.
The Tribunal held that the assessee failed to provide sufficient cause for the inordinate delay in filing the appeals. The explanations provided were found to be vague and contradictory, and the collateral proceedings did not adequately justify the prolonged delay.
The Tribunal considered the assessee's request to withdraw the appeal due to availing the Vivad se Vishwas scheme. The Ld. DR did not object to this request.
The Tribunal held that the assessee failed to provide sufficient cause for the inordinate delay in filing the appeals. The explanations provided were found to be vague and contradictory, and the collateral proceedings did not adequately justify the prolonged delay.
The Tribunal held that the assessee failed to substantiate the genuineness of the share trading transactions and commercial expediency for the borrowed funds used for FDRs. The grounds related to these disallowances were dismissed.
The Tribunal held that the receipts from software distribution are not royalty income, following the Supreme Court's decision in Engineering Analysis Centre of Excellence Private Limited. The Tribunal also found no cogent basis for the existence of a PE in India.
The Tribunal held that the receipts from software distribution are not royalty income, following the Supreme Court's decision in Engineering Analysis Centre of Excellence Private Limited. The Tribunal also found no cogent basis for the existence of a PE in India.
The Tribunal noted the assessee's submission and the supporting Form No. 5. Consequently, the appeal filed by the assessee was dismissed as withdrawn.
The Tribunal held that the receipts from software distribution are not royalty income, following the Supreme Court's decision in Engineering Analysis Centre of Excellence Private Limited. The Tribunal also found no cogent basis for the existence of a PE in India.
The Tribunal held that the receipts from software distribution are not royalty income, following the Supreme Court's decision in Engineering Analysis Centre of Excellence Private Limited. The Tribunal also found no cogent basis for the existence of a PE in India.
The Tribunal held that since the additions made on account of disallowances were deleted by a coordinate bench in quantum proceedings, the penalty levied on such disallowances would not survive. Therefore, the penalty was directed to be deleted.
The Tribunal held that the addition made by the AO was unsustainable as it was solely based on the supplier's statement, which was contradictory and lacked corroborative evidence. The assessee had also provided quantitative details of purchases and sales which were not disbelieved.
The Tribunal considered the assessee's request to withdraw the appeal. The Revenue had no objection to the withdrawal.
The Tribunal found that the CIT(A) had dismissed the appeal summarily without a proper speaking order and without providing adequate opportunity of hearing to the assessee. The Tribunal noted that the CIT(A)'s observations regarding the quantum appeal and penalty notice were also flawed.
The ITAT held that the CIT(A) should have decided the appeal on merits after serving proper notice and providing a sufficient opportunity to be heard. The appeal was restored to the CIT(A) for a fresh decision.
The Tribunal found parity of facts with its own previous decisions for other assessment years. Respectfully following the coordinate bench's decisions, the Tribunal dismissed both appeals filed by the revenue.
The Tribunal found that a reasonable cause existed for the assessee's non-attendance. Therefore, the matter was restored to the CIT(A) for a fresh disposal of the appeal after providing a proper opportunity of hearing.
The tribunal granted the assessee's request to withdraw the appeal. This was due to the matter being settled under the Vivad se Vishwas Scheme, 2020.
The Tribunal set aside the order of the CIT(A) and remanded the case back to the CIT(A) for a fresh decision. This was done to provide the assessee with a reasonable opportunity of hearing.
The Tribunal found parity of facts with its own previous decisions for other assessment years. Respectfully following the coordinate bench's decisions, the Tribunal dismissed both appeals filed by the revenue.
The Tribunal held that penalty under Section 271(1)(c) cannot be imposed when the addition is made based on the legal fiction of Section 43CA, without any evidence of the assessee receiving more than the declared sale consideration. The CIT(A)'s deletion of the penalty was upheld.
The Tribunal held that the transaction was for business expediency to protect the company's advance payment from forfeiture, not a gratuitous loan to the assessee. Therefore, it did not fall under Section 2(22)(e).
The Tribunal, relying on High Court and ITAT precedents, held that the assessee is entitled to deduction under Section 10(13A) for expenditure incurred on rent. The addition made by the lower authorities regarding house rent allowance was directed to be deleted.
The Tribunal held that the penalty notice issued under Section 274 read with Section 271(1)(c) was bad in law because it did not specify which limb of Section 271(1)(c) (concealment or inaccurate particulars) was invoked. Consequently, the penalty was not leviable.
The Tribunal upheld the CIT(A)'s deletion of the interest disallowance. It followed consistent precedents from the ITAT, Delhi High Court, and Supreme Court, which had ruled in favour of the assessee on identical facts in preceding assessment years.
The Tribunal held that the Commissioner (Appeals) is duty-bound to decide appeals on merits with a reasoned order, even in cases of non-compliance. Dismissing an appeal for want of prosecution without deciding on merits is against the scheme of the Act.
The Tribunal restored the issue of lease rent amortisation for lands leased from Port Trusts to the Assessing Officer for fresh decision, following a coordinate bench's order. The disallowance for lease rent from Noida Authority was affirmed as it was decided against the assessee by the High Court.
The Tribunal held that the AO exceeded his jurisdiction by changing the head of income without obtaining prior approval from the Competent Authority. Therefore, the addition made by the AO was not sustainable.
The Tribunal held that if the employees' contribution to EPF and ESI is paid before the due date of filing the Income Tax Return under section 139(1), it is an allowable deduction. Therefore, no disallowance can be made on this ground.
The Tribunal noted that the assessee wished to withdraw the appeal and that the appeal was also defective due to short payment of appeal fee. Therefore, the appeal was dismissed.
The Tribunal noted that the tax effect was below the monetary limit specified by the CBDT for filing appeals. Therefore, the appeal was not maintainable.
The Tribunal held that the AO's second order rejecting the rectification application was invalid because it was passed on the same application already decided, and crucially, without providing the assessee with a reasonable opportunity of being heard as required by Section 154(3).
The Tribunal held that expenditure incurred by a trust outside India cannot be considered as application of income in India for charitable purposes, following established High Court precedents. The assessee's claim of reimbursement was not substantiated.
The Tribunal held that since the additions forming the basis of the penalty were deleted, the penalty itself was no longer sustainable. Therefore, the penalty imposed under Section 271(1)(c) was deleted.
The Tribunal upheld the CIT(A)'s decision, finding that the rejection of books of accounts was not justified. The CIT(A) had correctly analyzed the stock valuation and expenses, concluding that the books were reliable and the AO's estimation of profit was erroneous.
The ITAT found that the CIT(A) did not provide a speaking order explaining the refusal of adjournment and did not discuss the grounds for adjournment. Therefore, the ITAT set aside the CIT(A)'s order.
The Tribunal found that no prejudice would be caused to the revenue by giving the assessee another opportunity. Therefore, the matter was remanded back to the CIT(A) for a fresh hearing.
The ITAT held that the CIT(A) erred by dismissing the appeal for non-prosecution without deciding the grounds on merits, as required by Section 250(6) of the Act. The matter was restored to the CIT(A) for fresh adjudication.
The ITAT held that the CIT(A) erred by dismissing the appeal for non-prosecution without addressing the grounds on merits, as mandated by Section 250(6) of the Act. The matter was restored to the CIT(A) for fresh adjudication.
The tribunal noted the assessee's request for withdrawal of the appeal due to settlement under the Vivad Se Vishwas Scheme. The Departmental Representative agreed with this submission.
The ITAT held that the CIT(A) erred by dismissing the appeal for non-prosecution without addressing the merits of the case, as mandated by Section 250(6) of the Act. The tribunal restored the matter to the CIT(A) for fresh adjudication.
The Tribunal held that interest paid on late deposit of TDS is not an eligible business expenditure and is not compensatory in nature. It is neither an expenditure exclusively incurred for business purposes nor allowable under Section 37(1). The ad-hoc disallowance for travelling and conveyance expenses was also confirmed due to lack of evidence to rebut the AO's findings.
The Tribunal condoned the delay in filing the appeal before the CIT(A) based on the principle of natural justice and the assessee's circumstances. The matters were restored to the CIT(A) for a decision on merits.
The CIT(A) deleted the addition, holding that no revenue should be booked until expenditure reached 25% of total costs and that significant risks of ownership had not been transferred. The ITAT upheld the CIT(A)'s decision, following its own prior ruling on an identical issue for the prior assessment year.
The Tribunal found that the addition, which formed the basis for the penalty, had been deleted by a prior Tribunal order. Consequently, the penalty was deemed unsustainable.
The Tribunal remanded the issue of unclaimed/unpaid interest to the AO for fresh examination with newly produced financial statements. For prior period expenses, the Tribunal upheld the CIT(A)'s decision, relying on previous coordinate bench rulings.
The Tribunal condoned the delay in filing the appeal before the CIT(A) based on the principle of natural justice and the assessee's circumstances. The matters were restored to the CIT(A) for a decision on merits.
The Tribunal held that an addition under Section 50C(1) cannot be made as an adjustment under Section 143(1)(a)(ii) because it deprives the assessee of the statutory right to object to the valuation under Section 50C(2). Such an adjustment is unsustainable.
The Tribunal held that the income received by the assessee should be taxed under Section 44BB of the Act, agreeing with the Dispute Resolution Panel's decision. Therefore, the Assessing Officer's treatment of the income as FTS was not upheld.