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183 orders · Page 3 of 4
The Tribunal held that the CIT(A) should have considered the additional evidence or waited for the remand report before dismissing the appeal. The matter was set aside to the CIT(A) for fresh consideration.
The Tribunal partially accepted the assessee's claim regarding the gift from his father, allowing a portion of the cash payment to be explained. However, the remaining unexplained cash payment was sustained as an addition.
The Tribunal condoned the delay in filing the appeal before the CIT(A), considering the Supreme Court's directions regarding limitation periods during the pandemic. The Tribunal set aside the CIT(A)'s order and restored the appeal to the CIT(A) for a decision on merits.
The Tribunal held that the assessee's non-prosecution was unintentional due to reasons beyond his control, and that allowing an opportunity would lead to a decision on merits. Therefore, the impugned order was set aside.
The Tribunal, considering the assessee's circumstances and her readiness to provide documents, set aside the CIT(A)'s order. The case was restored to the CIT(A) to pass a fresh order after affording an opportunity of hearing.
The Tribunal set aside the CIT(A)'s order and restored the issue to the CIT(A)'s file. A fresh opportunity of hearing and consideration of documentary evidence was granted to the assessee.
The Tribunal held that if an entity exists for litigation purposes, it also exists for tax litigation, thus upholding the assessment order's validity. Regarding the merits, the Tribunal directed the Assessing Officer to consider both trade receivables and payables for interest adjustment and to adopt LIBOR + 200 basis points for interest on foreign currency receivables.
The Tribunal condoned the delay in filing the appeal, citing the Supreme Court's suo motu order regarding limitation periods during the pandemic. The impugned order was set aside, and the matter was remanded to the CIT(A).
The Tribunal held that the assessee should be given a fresh opportunity to present their case and produce documentary evidence. The impugned order of the CIT(A) was set aside, and the issue was restored to the AO for a fresh assessment on merits.
The Tribunal found the assessee's plea regarding non-service of notices to be genuine. Upholding the principles of natural justice, the Tribunal remanded both quantum and penalty appeals back to the CIT(A).
The Tribunal condoned the delay in filing the appeal before it, finding the reasons to be bona fide and genuine. The Tribunal then remitted the matter back to the CIT(A) for adjudication on merits, directing a proper opportunity to be given to the assessee.
The Tribunal condoned the delay due to the oversight in sending the order via email. The matter was remitted back to the CIT(A) for fresh adjudication after providing a reasonable opportunity of being heard.
The Tribunal held that the sale of old gold ornaments could not be substantiated, confirming the addition of Rs. 5,31,344. However, the Tribunal allowed deletion of additions for Rs. 6,80,000 received from a cash credit account and Rs. 2,63,000 received from the assessee's wife, as these sources were explained.
The Tribunal held that the CIT(A) erred in disposing of the appeal without considering the additional evidence filed by the assessee or obtaining a remand report from the Assessing Officer. The matter was set aside to the CIT(A) for fresh consideration.
The Tribunal directed the Assessing Officer to benchmark interest on receivables at LIBOR + 200 points. For the issue of tax credit on amalgamation, the matter was restored to the Assessing Officer for fresh adjudication.
The Tribunal allowed the claim for technical services, stating the TPO cannot apply a benefit test. For regional support services, the matter was remitted for fresh adjudication. Interest on receivables was directed to be computed at LIBOR + 200 points. Other issues like taxability of interest income, write-off of employee advances, and security deposits were remitted to the TPO for fresh examination.
The Tribunal found that the assessee had cogent reasons for not producing the documents before the AO and that the CIT(A) erred in dismissing the plea for admitting additional evidence. The matter was remitted back to the CIT(A) for admission of the additional evidence.
The Tribunal held that the CIT(A) did not provide sufficient opportunity of hearing and overlooked provisions requiring reasoned decisions. The Tribunal remitted the issue to the AO for fresh adjudication, directing that if the deposit is proven to be Rs 1,80,000, no addition would be warranted.
The ITAT noted the delay and the lack of a condonation application before the CIT(A). However, considering the assessee's willingness to file a condonation application with reasons, the Tribunal remitted the matter back to the CIT(A) with specific directions.
The Tribunal condoned the delay in filing the appeal. The Tribunal remitted the matter back to the CIT(A) for a fresh decision on merits, directing that the assessee be given a reasonable opportunity of being heard.
The Tribunal held that the expenditure incurred on moulds is revenue in nature, following a previous decision in the assessee's own case. Therefore, the order of the CIT(A) deleting the addition for moulds was upheld.
The Tribunal found that the notices were indeed sent to an incorrect email address. Therefore, the impugned order was set aside and the matter was restored to the Assessing Officer for fresh disposal.
The Tribunal found that the notices were indeed sent to an incorrect email address. Therefore, the impugned order was set aside and the matter was restored to the Assessing Officer for fresh disposal.
The tribunal held that the principle of mutuality is not applicable when funds are deposited with a bank, as the bank is not a member of the society. However, it allowed the expenditure incurred by the assessee as normal administrative expenses.
The Tribunal restored the issues of operating and maintenance expenses, unexplained work-in-progress, and provision for site restoration costs back to the Assessing Officer for fresh consideration. It also directed the Assessing Officer to re-examine the set-off of brought forward losses of the amalgamating company.
The Tribunal held that the CIT(A) erred in dismissing the appeal on technical grounds without deciding on merits. The case was restored to the CIT(A) for a fresh decision after providing the assessee an opportunity to be heard.
The Tribunal set aside the order regarding the speculative loss and restored it to the AO for verification and allowing the loss. The ground related to leave encashment was dismissed as not pressed. The issue of late fee was set aside to the AO for verification of the due date.
The Tribunal found that the assessee failed to produce necessary details despite opportunities. However, considering the assessee is now ready to provide evidence, the Tribunal set aside the order and restored the issue to the CIT(A) for a fresh decision on merits.
The tribunal held that the principle of mutuality is not applicable when funds are deposited with a bank, as the bank is not a member of the society. However, it allowed the expenditure incurred by the assessee as normal administrative expenses.
The Tribunal held that the CIT(A) erred by disposing of the appeal before receiving the remand report, which was called for to examine additional evidence. The matter was restored to the CIT(A) for fresh consideration.
The Tribunal restored the issues of operating and maintenance expenses, unexplained work-in-progress, and provision for site restoration costs back to the Assessing Officer for fresh consideration. It also directed the Assessing Officer to re-examine the set-off of brought forward losses of the amalgamating company.
The tribunal held that the assessee should be given a fresh opportunity to present their case. The impugned orders of the CIT(A) were set aside and the issue was restored for fresh adjudication on merits.
The Tribunal held that the re-opening of assessment was invalid due to lack of live nexus with fresh material. It also found that finance charges were for business purposes and deleted that addition. However, it sustained the addition for cash deposits due to lack of evidence.
The Tribunal held that the re-opening of assessment was invalid due to lack of live nexus with fresh material. It also found that finance charges were for business purposes and deleted that addition. However, it sustained the addition for cash deposits due to lack of evidence.
The Tribunal held that the interest paid on customer advances was for business purposes and that advances to group companies were in the normal course of business. Therefore, the disallowance of finance charges was erroneous.
The Tribunal held that the interest paid on customer advances was for business purposes and that advances to group companies were in the normal course of business. Therefore, the disallowance of finance charges was erroneous.
The Tribunal held that the interest paid on customer advances was for business purposes and that advances to group companies were in the normal course of business. Therefore, the disallowance of finance charges was erroneous.
The Tribunal held that the reopening of assessment was invalid due to lack of a live nexus with fresh material. It also found that the finance charges (interest on customer advances) were incurred for business purposes and set aside the disallowance sustained by the CIT(A).
The tribunal held that the assessee should be given a fresh opportunity to present their case. The impugned orders of the CIT(A) were set aside and the issue was restored for fresh adjudication on merits.
The Tribunal held that the reopening of assessment under Section 147 was invalid as the AO lacked specific tangible material related to the assessee for the assessment year in question and relied on material from another assessee. Consequently, the reassessment order was quashed.
The Tribunal held that the reopening of assessment under Section 147 was invalid as the AO lacked specific tangible material related to the assessee for the assessment year in question and relied on material from another assessee. Consequently, the reassessment order was quashed.
The Tribunal held that the reopening of assessment under Section 147 was invalid due to a lack of live nexus between the AO's belief of income escapement and the material in possession. The Tribunal also found that the AO erred in disallowing finance charges, as the interest paid on customer advances was for business purposes and advances to group companies were in the normal course of business.
The Tribunal held that the interest paid on customer advances was for business purposes and that any advances to group companies were in the normal course of business with commercial expediency. Therefore, the disallowance of finance charges was erroneous.
The Tribunal held that the interest paid on customer advances was for business purposes and that any advances to group companies were in the normal course of business with commercial expediency. Therefore, the disallowance of finance charges was erroneous.
The Tribunal held that the interest paid on customer advances was for business purposes as per the MOUs and that loans/advances to group companies also had a business nexus and commercial expediency. Therefore, the disallowance of finance charges was erroneous.
The Tribunal held that the re-opening of assessment was invalid due to lack of live nexus with fresh material. It also found that finance charges were for business purposes and deleted that addition. However, it sustained the addition for cash deposits due to lack of evidence.
The Tribunal held that the reopening of assessment under Section 147 was invalid as it lacked a live nexus with fresh material and was initiated beyond 4 years without demonstrating failure to disclose material facts. Consequently, the reassessment order was quashed.
The Tribunal held that the reopening of assessment was invalid due to lack of a live nexus with fresh material. It also found that the finance charges (interest on customer advances) were incurred for business purposes and set aside the disallowance sustained by the CIT(A).
The Tribunal held that the reopening of assessment under Section 147 was invalid due to a lack of live nexus between the AO's belief of income escapement and the material in possession. The Tribunal also found that the AO erred in disallowing finance charges, as the interest paid on customer advances was for business purposes and advances to group companies were in the normal course of business.
The Tribunal held that the interest paid on customer advances was for business purposes and that advances to group companies were in the normal course of business. Therefore, the disallowance of finance charges was erroneous.