ITAT Hyderabad Judgments — October 2021

The Tribunal held that education cess is not included in 'tax' under Section 40(a)(ii), allowing the assessee's claim. It also accepted the additional ground for foreign tax credit for statistical purposes, remanding it for adjudication. The revenue's appeal regarding ESOP deduction was dismissed.

The Tribunal condoned the delay in filing the appeal, citing substantial justice. It directed the CIT(A) to decide the appeal on merits after providing the assessee an opportunity of being heard.

The Tribunal held that education cess is not included in 'tax' under Section 40(a)(ii), allowing the assessee's claim. It also accepted the additional ground for foreign tax credit for statistical purposes, remanding it for adjudication. The revenue's appeal regarding ESOP deduction was dismissed.

The tribunal condoned the delay in filing the appeal, citing the pandemic as a valid reason. It then restored the matter to the CIT(E) for a fresh decision after providing the assessee with a reasonable opportunity to be heard.