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503 orders · Page 1 of 11
The Tribunal held that proportionate credit of TDS should be allowed for income declared over multiple years, following previous decisions. The addition on account of license fee was deleted as it was consistently held to be revenue expenditure.
The Tribunal held that the addition of Rs. 9,70,000/- related to the property sale should be deleted as the seized material did not prove the cash payment. For the property purchase, the Tribunal found that the assessee had discharged the burden of proving the source of investment, and the addition of Rs. 23,18,000/- was directed to be deleted.
The Tribunal found that the CIT(A) failed to independently adjudicate the grounds of appeal and made factually incorrect observations. The CIT(A) did not provide reasons for his decision as required by law.
The Tribunal held that the revisional authority must provide a reasonable opportunity of hearing. The short notice, coupled with the pandemic and staff issues, meant the assessee's request for adjournment was not properly considered, thus violating principles of natural justice.
The Tribunal held that the reassessment proceedings were initiated on incorrect facts and without proper application of mind, as the Assessing Officer proceeded on the erroneous belief that no return was filed. Therefore, the reassessment proceedings and the consequent order were quashed.
The Tribunal held that the penalty order was indeed barred by limitation as it was passed after the expiry of six months from the date the ITAT's order was received by the CIT (Judicial). The Tribunal relied on the jurisdictional High Court's decision in Odeon Builders Pvt. Ltd., affirmed by the Supreme Court.
The Tribunal found that the CIT(A) failed to independently adjudicate the grounds of appeal and made factually incorrect observations. The CIT(A) did not provide reasons for his decision as required by law.
The Tribunal found that the CIT(A) failed to independently adjudicate the grounds of appeal and made factually incorrect observations. The CIT(A) did not provide reasons for his decision as required by law.
The Tribunal held that the assessment under section 153A was invalid as the incriminating material was not found in the assessee's premises, and therefore, the assessment should have been under section 153C. It also noted that 'dumb documents' without corroboration cannot be the basis for additions.
The Tribunal held that the revisional authority must provide a reasonable opportunity of hearing. The short notice, coupled with the pandemic and staff issues, meant the assessee's request for adjournment was not properly considered, thus violating principles of natural justice.
The Tribunal held that the reassessment proceedings were initiated on a mere change of opinion and were therefore invalid. It also noted that the amendment to Section 2(24)(xviii) regarding subsidies had prospective effect.
The Tribunal held that the reassessment proceedings were initiated on a mere change of opinion and were therefore invalid. It also noted that the amendment to Section 2(24)(xviii) regarding subsidies had prospective effect.
The Tribunal found no prejudice to the revenue if the assessee was given an opportunity to present their case. Therefore, the matter was remanded back to the CIT(A) for fresh adjudication.
The Tribunal dismissed the assessee's appeal, upholding the addition of the security deposit. It found no merit in the grounds related to reopening and found no material to suggest the developer had lapsed in their obligations, thus affirming the addition.
The Tribunal found that the CIT(A) failed to independently adjudicate the grounds of appeal and made factually incorrect observations. The CIT(A) did not provide reasons for his decision as required by law.
The Tribunal found that the CIT(A) failed to independently adjudicate the grounds of appeal and made factually incorrect observations. The CIT(A) did not provide reasons for his decision as required by law.
The Tribunal held that the disallowance under Section 14A was partly confirmed, and the foreign exchange fluctuation loss was deleted. Regarding damaged assets, the Tribunal ruled that depreciation should be allowed, and the issue of repair expenses was remanded back to the Assessing Officer for further examination.
The Tribunal found that the CIT(A) failed to independently adjudicate the grounds of appeal and made factually incorrect observations. The CIT(A) did not provide reasons for his decision as required by law.
The Tribunal held that the revisional authority must provide a reasonable opportunity of hearing. The short notice, coupled with the pandemic and staff issues, meant the assessee's request for adjournment was not properly considered, thus violating principles of natural justice.
The Tribunal held that the lower authorities' disallowance was based on incorrect facts, as the wife had other sources of income and had declared rental income which was accepted by the revenue. The contention that a husband cannot pay rent to his wife was found to be legally baseless.
The Tribunal held that the issue of treating interest income needed to be recomputed by the AO. Grounds 3 to 6 were allowed for statistical purposes, directing the AO to recompute the Section 80HHC deduction in light of the Reliance Energy Ltd. judgment. The additional ground regarding credit for taxes paid in Singapore on dividend income was also restored to the AO for fresh consideration.
The Tribunal held that the revisional authority must provide a reasonable opportunity of hearing. The short notice, coupled with the pandemic and staff issues, meant the assessee's request for adjournment was not properly considered, thus violating principles of natural justice.
The Tribunal held that proportionate credit of TDS should be allowed for income declared over multiple years, following previous decisions. The addition on account of license fee was deleted as it was consistently held to be revenue expenditure.
The Tribunal held that proportionate credit of TDS should be allowed for income declared over multiple years, following previous decisions. The addition on account of license fee was deleted as it was consistently held to be revenue expenditure.
The Tribunal held that the assessment under section 153A was invalid as the incriminating material was not found in the assessee's premises, and therefore, the assessment should have been under section 153C. It also noted that 'dumb documents' without corroboration cannot be the basis for additions.
The Tribunal held that the disallowance under Section 14A was not justified as the investments were made out of own funds and surplus. Similarly, the disallowance of proportionate interest under Section 37(1) was also not justified as the assessee had sufficient interest-free funds available for advances to related parties.
The Tribunal, following a previous decision in a similar case, held that common area maintenance charges paid directly to service providers do not form part of actual rent. Therefore, Section 194I is not applicable, and the assessee was correct in deducting TDS under Section 194C.
The Tribunal held that since the factual matrix and legal propositions were identical to previous cases decided in favor of the assessee, the current appeal by the Revenue should be dismissed.
The Tribunal held that the services rendered were advisory and did not make available technical knowledge or skills to the Indian entity, thus not qualifying as FTS under the treaty. Consequently, the receipts are not taxable in India.
The Tribunal held that the stamp duty valuation on the date of the agreement to sell should be considered for computing the full value of consideration, provided part of the consideration was received by account payee cheques before the agreement date. This decision followed the principle laid down by a coordinate bench.
The Tribunal upheld the CIT(A)'s decision, finding that the CIT(A) had independently examined the expenditures and considered the assessee's explanations and supporting documents. The Tribunal noted that the assessee company had taken over a running business from a partnership firm, which was a crucial fact missed by the AO.
The Tribunal restored the issue to the AO for verification of the deposit of PF & ESI contributions in light of the Supreme Court's decision in Checkmate Services P.Ltd. The grounds raised by the assessee were allowed for statistical purposes.
The Tribunal found that the CIT(A) failed to independently adjudicate the grounds of appeal and made factually incorrect observations. The CIT(A) did not provide reasons for his decision as required by law.
The Tribunal held that the addition was unjustified as the lower authorities failed to verify the evidence submitted by the assessee regarding the source of funds for the property purchase. The case was restored to the AO for verification.
The Tribunal held that the rectification order passed u/s 154 was not justifiable. The Assessing Officer failed to follow the mandatory procedure under Section 154(3), which requires giving notice and an opportunity of being heard before enhancing an assessment or increasing liability.
The Tribunal held that receipts from Bharti Telenet and Tata Teleservices were not royalty and could not be attributed to the PE as business profits. It also directed deletion of interest under Section 234B for a non-resident and remanded the PF/ESI contribution issue for verification.
The Tribunal held that the assessment proceedings initiated under Section 153C for AY 2009-10 and 2010-11 were without jurisdiction as the notices were issued beyond the permissible period based on the date of the search and the relevant amendments to Section 153C.
The Tribunal held that the disallowance under Section 14A was partly confirmed, and the foreign exchange fluctuation loss was deleted. Regarding damaged assets, the Tribunal ruled that depreciation should be allowed, and the issue of repair expenses was remanded back to the Assessing Officer for further examination.
The ITAT found the CIT(A)'s order to be unsustainable as it was a cryptic order passed without adjudicating the grounds raised by the assessee. The appeals were therefore set aside and restored to the CIT(A) for fresh adjudication.
The Tribunal held that the explanation for Rs. 2,60,000 belonging to the assessee's father, received from committees, was supported by an affidavit. The remaining Rs. 1,20,000 was also considered sufficiently explained as out of business receipts and savings of the assessee's wife.
The ITAT found the CIT(A)'s order to be unsustainable as it was a cryptic order passed without adjudicating the grounds raised by the assessee. The appeals were therefore set aside and restored to the CIT(A) for fresh adjudication.
The Tribunal held that the AO's reasons for reopening the assessment demonstrated a lack of independent application of mind and relied on borrowed satisfaction from the Investigation Wing report. Consequently, the reassessment proceedings and the order were deemed invalid.
The Tribunal held that while the assessee's explanation for high sea sales was rejected for lack of evidence, the AO's estimation of 8% profit was also debatable. The Tribunal directed the AO to adopt a profit rate of 3.5% on the suppressed sales.
The Tribunal found that the CIT(A) had summarily dismissed the appeal without considering the merits. Allowing the assessee an opportunity to present their case would not prejudice the revenue.
The Tribunal held that receipts from Bharti Telenet and Tata Teleservices were not royalty and could not be attributed to the PE as business profits. It also directed deletion of interest under Section 234B for a non-resident and remanded the PF/ESI contribution issue for verification.
The Tribunal found that the CIT(A) erred by referring to Section 234E when the demand was for interest under Section 201(1A). The CIT(A) also failed to address the assessee's ground of impossibility of performance due to the delayed TAN allotment.
The Tribunal held that the lower authorities passed ex-parte orders and did not provide an adequate opportunity of being heard. Therefore, the impugned order was set aside and the assessment was restored to the AO for fresh adjudication.
The Tribunal held that the assessee had provided sufficient documentary evidence, including VAT returns and proof of banking channel transactions, to establish the genuineness of the sales. In the absence of adverse material, the addition made by the AO was based on surmises and conjectures.
The Tribunal held that the services rendered were advisory and did not make available technical knowledge or skills to the Indian entity, thus not qualifying as FTS under the treaty. Consequently, the receipts are not taxable in India.
The Tribunal held that the addition of Rs. 9,70,000/- related to the property sale should be deleted as the seized material did not prove the cash payment. For the property purchase, the Tribunal found that the assessee had discharged the burden of proving the source of investment, and the addition of Rs. 23,18,000/- was directed to be deleted.