110 orders · Page 1 of 3
The Tribunal held that the CIT(A) was justified in accepting the 10% interest rate on NCDs as ALP, considering it was examined by the TPO in a prior assessment year. However, the Tribunal allowed the assessee's cross-objection regarding the correct amount of interest.
The Tribunal held that the additions made by the AO under Section 69A for alleged on-money payments were not sustainable. The property was purchased by a partnership firm, and any such payment should be considered in the hands of the firm, not the individual assessee.
The ITAT condoned the delay in filing the appeal before the CIT(A) subject to a cost of Rs. 10,000/-. The Tribunal set aside the CIT(A)'s order and remanded the matter back to the CIT(A) for a decision on merits.
The Tribunal held that the additions made by the AO under Section 69A for alleged on-money payments were not sustainable. The property was purchased by a partnership firm, and any such payment should be considered in the hands of the firm, not the individual assessee.
The Tribunal held that the penalty levied under Section 271D of the Income Tax Act, 1961, is not sustainable. Firstly, on the issue of cash received for property sale, the Tribunal followed its consistent view and the decision in *Kesireddy Ravinder Reddy and Yata Ramchander*, holding that cash received as part of the sale consideration for the transfer of immovable property at the time of registration of the sale deed does not amount to a violation of Section 269SS. Secondly, regarding the initiation of penalty proceedings, the Tribunal relied on the Telangana High Court's decision in *Srinivasa Reddy Reddeppagari* and the Supreme Court's concurrence in *Jaya Laxmi Rice Mills*, which held that satisfaction must be recorded in the original assessment order for initiating penalty proceedings under Section 271D (which is pari materia with Section 271E). The Tribunal noted that the CBDT Circular dated 26.04.2016, based on the Kerala High Court's observation in *Grihalakshmi Vision*, clarified that the Joint Commissioner can initiate proceedings, but this does not override the requirement of satisfaction in the assessment order. Therefore, the penalty levied without satisfaction recorded by the AO in the assessment order was held to be invalid and set aside. The decisions relied upon by the revenue were distinguished as being on the issue of limitation, not satisfaction. The appeal of the assessee was allowed.
The Tribunal held that the assessment order for AY 2018-19 was barred by limitation. Consequently, all other grounds raised by the assessee for this year became infructuous. The appeals for AYs 2014-15 and 2015-16 were also allowed.
The Tribunal held that the additions made by the Assessing Officer were based on surmises and conjectures without corroborative evidence. The seized material from a third party and statements from their employees were not binding on the assessee, especially when retracted. The purchase of commercial space was duly reflected in the assessee's books of account.
The Tribunal held that additions based solely on seized documents from a third party, without corroborative evidence, are unsustainable. The Tribunal noted that statements relied upon by the AO were retracted and lacked independent evidence to prove cash transactions.
The Tribunal held that the additions made by the AO under Section 69A for alleged on-money payments were not sustainable. The property was purchased by a partnership firm, and any such payment should be considered in the hands of the firm, not the individual assessee.
The Tribunal held that the notice issued under Section 148 was barred by limitation as it was issued beyond the permissible period of three years (and also beyond six years) from the end of the assessment year. Consequently, the reassessment order was also vitiated.
The Tribunal held that the additions made by the AO under Section 69A for alleged on-money payments were not sustainable. The property was purchased by a partnership firm, and any such payment should be considered in the hands of the firm, not the individual assessee.
The Tribunal held that the additions made by the Assessing Officer were based on surmises and conjectures without corroborative evidence. The seized material from a third party and statements from their employees were not binding on the assessee, especially when retracted. The purchase of commercial space was duly reflected in the assessee's books of account.
The Tribunal held that the additions made by the Assessing Officer were based on surmises and conjectures without corroborative evidence. The seized material from a third party and statements from their employees were not binding on the assessee, especially when retracted. The purchase of commercial space was duly reflected in the assessee's books of account.
The Tribunal held that the additions made by the AO under Section 69A for alleged on-money payments were not sustainable. The property was purchased by a partnership firm, and any such payment should be considered in the hands of the firm, not the individual assessee.
The assessee's authorized representative stated that they did not wish to press the appeals. The revenue's representative had no objection to this.
The Tribunal held that the CIT(A) ought to have condoned the delay and decided the appeal on merits. The Tribunal found substantial defects in the assessment proceedings, particularly the lack of specific bank account details and proper confrontation to the assessee.
The Tribunal noted that the reassessment order itself, which formed the basis for the penalty, had been set aside by a previous order of the Tribunal. Therefore, the penalty could not survive.
The Tribunal held that the notice issued under Section 148 of the Act was barred by limitation as it was issued beyond six years from the end of the assessment year. Consequently, the reassessment order was quashed.
The Tribunal held that the assessment order for AY 2018-19 was barred by limitation. Consequently, all other grounds raised by the assessee for this year became infructuous. The appeals for AYs 2014-15 and 2015-16 were also allowed.
The Tribunal held that the additions made by the Assessing Officer were based on surmises and conjectures without corroborative evidence. The seized material from a third party and statements from their employees were not binding on the assessee, especially when retracted. The purchase of commercial space was duly reflected in the assessee's books of account.
The Tribunal held that the assessee acted as a 'developer' of infrastructure facilities, not merely a 'works contractor', due to its involvement in investigation, design, procurement, construction, and post-construction operations, along with bearing financial risks. Therefore, the deduction under Section 80IA(4) was admissible.
The Tribunal held that the notice issued under Section 148 was barred by limitation as it was issued beyond six years from the end of the assessment year. Consequently, the reassessment order was quashed.
The assessee's authorized representative stated that they did not wish to press the appeals. The revenue's representative had no objection to this.
The Tribunal condoned the delay in filing the appeal before the CIT(A) due to the assessee's medical condition. The CIT(A)'s order was set aside as it did not adjudicate the appeal on merits.
The Tribunal held that the commission income should be quantified based on the principle of consistency with the previous assessment year. The commission income was estimated at 1% of the deposits.
The Tribunal held that the additions made by the Assessing Officer were based on surmises and conjectures without corroborative evidence. The seized material from a third party and statements from their employees were not binding on the assessee, especially when retracted. The purchase of commercial space was duly reflected in the assessee's books of account.
The Tribunal held that additions based solely on seized documents from a third party, without corroborative evidence, are unsustainable. The Tribunal noted that statements relied upon by the AO were retracted and lacked independent evidence to prove cash transactions.
The Tribunal held that the CIT(A) should have condoned the delay given the assessee's NRI status and the age of the case, allowing for a liberal approach. The matter was restored to the Assessing Officer for fresh adjudication on merits.
The Tribunal held that the assessee acted as a 'developer' of infrastructure facilities, not merely a 'works contractor', due to its involvement in investigation, design, procurement, construction, and post-construction operations, along with bearing financial risks. Therefore, the deduction under Section 80IA(4) was admissible.
The Tribunal held that the additions made by the Assessing Officer were based on surmises and conjectures without corroborative evidence. The seized material from a third party and statements from their employees were not binding on the assessee, especially when retracted. The purchase of commercial space was duly reflected in the assessee's books of account.
The Tribunal held that the penalty levied under Section 271D without the Assessing Officer recording satisfaction in the assessment order is invalid. The Tribunal quashed the penalty, following binding precedents.
The Tribunal held that the assessment order for AY 2018-19 was barred by limitation. Consequently, all other grounds raised by the assessee for this year became infructuous. The appeals for AYs 2014-15 and 2015-16 were also allowed.
The tribunal admitted the additional evidence and remanded the matter to the AO for re-computation of capital gains and deduction under section 54. The tribunal also held that expenditure incurred for furnishing the flat should be considered as cost of improvement, subject to verification.
The Tribunal condoned the delay in filing the appeal before the CIT(A) in the interest of substantial justice, considering the assessee's background and lack of mala fide intent. The matter was restored to the CIT(A) for adjudication on merits.
The Tribunal found that the AO rejected the books without proper reasons and estimated profit without comparable cases. Following a precedent, the Tribunal directed the AO to estimate 4% net profit on total turnover for most assessment years.
The Tribunal held that the additional income offered by the assessee towards discrepancies in sundry debtors could not be separately added as the Assessing Officer had already taxed the profit element embedded in the unreconciled amount. The Tribunal set aside the order of the CIT(A) regarding this addition.
The Tribunal held that the additional income offered by the assessee towards discrepancies in sundry debtors could not be separately added as the Assessing Officer had already taxed the profit element embedded in the unreconciled amount. The Tribunal set aside the order of the CIT(A) regarding this addition.
The Tribunal condoned the delay in filing the appeal before the CIT(A) after finding sufficient cause due to liquidation proceedings of the holding company. The matter was restored to the CIT(A) for adjudication on merits.
The Tribunal found that the AO rejected the books without proper reasons and estimated profit without comparable cases. Following a precedent, the Tribunal directed the AO to estimate 4% net profit on total turnover for most assessment years.
The Tribunal held that the assessee had adopted a casual approach and failed to comply with the directions of the Tribunal and the CIT(A), even after being granted a last opportunity. Therefore, the dismissal of the appeals by the CIT(A) was upheld.
The Tribunal found that the Assessing Officer did not follow the Standard Operating Procedure (SOP) for verification of cash transactions during demonetization. Therefore, the matter was set aside to the Assessing Officer for fresh adjudication.
The Tribunal held that the assessee had adopted a casual approach and failed to comply with the directions of the Tribunal and the CIT(A), even after being granted a last opportunity. Therefore, the dismissal of the appeals by the CIT(A) was upheld.
The Tribunal held that the assessee had adopted a casual approach and failed to comply with the directions of the Tribunal and the CIT(A), even after being granted a last opportunity. Therefore, the dismissal of the appeals by the CIT(A) was upheld.
The Tribunal held that the additional income offered by the assessee towards discrepancies in sundry debtors could not be separately added as the Assessing Officer had already taxed the profit element embedded in the unreconciled amount. The Tribunal set aside the order of the CIT(A) regarding this addition.
The Tribunal held that the additional income offered by the assessee towards discrepancies in sundry debtors could not be separately added as the Assessing Officer had already taxed the profit element embedded in the unreconciled amount. The Tribunal set aside the order of the CIT(A) regarding this addition.
The Tribunal held that the additional income offered by the assessee towards discrepancies in sundry debtors could not be separately added as the Assessing Officer had already taxed the profit element embedded in the unreconciled amount. The Tribunal set aside the order of the CIT(A) regarding this addition.
The Tribunal held that the assessee had adopted a casual approach and failed to comply with the directions of the Tribunal and the CIT(A), even after being granted a last opportunity. Therefore, the dismissal of the appeals by the CIT(A) was upheld.
The Tribunal held that the assessee had adopted a casual approach and failed to comply with the directions of the Tribunal and the CIT(A), even after being granted a last opportunity. Therefore, the dismissal of the appeals by the CIT(A) was upheld.
The Tribunal found that the AO rejected the books without proper reasons and estimated profit without comparable cases. Following a precedent, the Tribunal directed the AO to estimate 4% net profit on total turnover for most assessment years.
The Tribunal held that the notice issued under section 148 of the Act was barred by limitation as per the 'first proviso' to section 149 of the Act. Consequently, the assessment order passed by the AO based on this invalid notice was quashed.