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122 orders · Page 3 of 3
The Tribunal upheld the CIT(A)'s decision to adopt LIBOR+200 basis points for interest on loans to AEs. Regarding corporate guarantees, the Tribunal followed a High Court ruling that such guarantees are international transactions, overturning previous Tribunal decisions.
The Tribunal upheld the CIT(A)'s decision to adopt LIBOR+200 basis points for interest on loans to AEs. Regarding corporate guarantees, the Tribunal followed a High Court ruling that such guarantees are international transactions, overturning previous Tribunal decisions.
The Tribunal held that due to the ongoing Corporate Insolvency Resolution Proceedings (CIRP) against the assessee and the moratorium declared under the Insolvency and Bankruptcy Code, 2016, the appeals could not be proceeded with. The Tribunal granted leave to the parties to seek restoration of the appeals if necessitated by the outcome of the CIRP.
The Tribunal upheld the CIT(A)'s decision to adopt LIBOR+200 basis points for interest on loans to AEs. Regarding corporate guarantees, the Tribunal followed a High Court ruling that such guarantees are international transactions, overturning previous Tribunal decisions.
The Tribunal upheld the CIT(A)'s decision to adopt LIBOR+200 basis points for interest on loans to AEs. Regarding corporate guarantees, the Tribunal followed a High Court ruling that such guarantees are international transactions, overturning previous Tribunal decisions.
The Tribunal held that a moratorium under the Insolvency and Bankruptcy Code prohibits the continuation of proceedings against the corporate debtor. Therefore, the appeals cannot be proceeded with during the pendency of CIRP.
The Tribunal held that a moratorium under the Insolvency and Bankruptcy Code prohibits the continuation of proceedings against the corporate debtor. Therefore, the appeals cannot be proceeded with during the pendency of CIRP.
The Tribunal held that due to the ongoing Corporate Insolvency Resolution Proceedings (CIRP) against the assessee and the moratorium declared under the Insolvency and Bankruptcy Code, 2016, the appeals could not be proceeded with. The Tribunal granted leave to the parties to seek restoration of the appeals if necessitated by the outcome of the CIRP.
The Tribunal restored the issue of finance charges to the AO for fresh adjudication, allowing the ground for statistical purposes. However, it dismissed the grounds related to disallowance of transportation charges and check post/police charges.
The Tribunal held that the parties are bound by the approved resolution plan. Consequently, all tax liabilities and proceedings related to periods prior to the resolution plan's approval stand abated and are not payable by the corporate debtor.
The Tribunal upheld the addition made by the Assessing Officer and sustained by the CIT(A). The assessee failed to satisfy the identity and creditworthiness of the investors and the genuineness of the transactions, despite receiving funds through banking channels.
The Tribunal held that the parties are bound by the approved resolution plan. Consequently, all tax liabilities and proceedings related to periods prior to the resolution plan's approval stand abated and are not payable by the corporate debtor.
The Tribunal decided that the Revenue had the right to raise the ground of maintainability of the appeal filed by the assessee before the CIT(A) because the assessee had not disclosed the appointment of the liquidator. The Tribunal framed a preliminary issue regarding the maintainability of the appeal.
The Tribunal decided that the Revenue had the right to raise the ground of maintainability of the appeal filed by the assessee before the CIT(A) because the assessee had not disclosed the appointment of the liquidator. The Tribunal framed a preliminary issue regarding the maintainability of the appeal.
The Tribunal held that Section 56(2)(viia) is not applicable to the buy-back of a company's own shares. This is because the shares do not become 'property' in the hands of the recipient company, nor are they shares of 'another company'.
The Tribunal dismissed grounds related to the sale of agricultural land, agricultural produce, and loans due to lack of evidence. However, it allowed the ground concerning capital gains on shares for statistical purposes, remanding it to the AO to verify if the company was listed.
The Tribunal held that Section 56(2)(viia) is not applicable to the buy-back of a company's own shares. This is because the shares do not become 'property' in the hands of the recipient company, nor are they shares of 'another company'.
The Tribunal held that due to the moratorium under the Insolvency and Bankruptcy Code, the pending appeals cannot be proceeded with. The appeals are dismissed in limine, with liberty to seek restoration if necessitated by the outcome of the CIRP.
The Tribunal held that due to the moratorium under the Insolvency and Bankruptcy Code, the pending appeals cannot be proceeded with. The appeals are dismissed in limine, with liberty to seek restoration if necessitated by the outcome of the CIRP.
The Tribunal condoned the delay and acknowledged that the appeal could not proceed due to the ongoing CIRP. The appeal was dismissed in limine, with liberty to seek restoration if necessitated by the CIRP outcome.
The Tribunal held that the appeals were dismissed summarily without deciding on merits. Since the Vivad Se Viswas Scheme settlement could not be finalized, the appeals were restored to the CIT(A) for disposal on merits.
The Tribunal held that the appeals were dismissed summarily without deciding on merits. Since the Vivad Se Viswas Scheme settlement could not be finalized, the appeals were restored to the CIT(A) for disposal on merits.