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129 orders · Page 3 of 3
The Tribunal held that the matter of gratuity fund contribution should be remanded to the AO for fresh adjudication as the approval letter was now available. For sundry balances written off, the Tribunal relied on the Supreme Court ruling in T.R.F. Ltd. and directed the AO to grant appropriate relief.
The Tribunal held that Section 68 of the Income Tax Act can only be invoked if a sum is found credited in the books of accounts for the relevant previous year. Since the difference in capital was credited on April 1, 2004, which falls in the subsequent assessment year (2005-06), it could not be taxed under Section 68 for the assessment year 2004-05.
The Tribunal held that an appeal requires active prosecution, not just filing. Since the assessee failed to appear and prosecute the appeal, it was dismissed for non-prosecution.
The Tribunal held that commission paid to non-resident agents for services rendered outside India, which are not utilized in India and do not create a Permanent Establishment, is not taxable in India. Therefore, TDS was not required.
The tribunal held that the assessee's rights were not determined due to the ex parte order. Therefore, the matter needs to be adjudicated afresh by the CIT(A) after providing a proper opportunity to the assessee.
The Tribunal held that since there was no contract between the assessee and the lorry owners for carriage of goods, the payments were not in pursuance of a contract as envisaged under Section 194C. Therefore, the disallowance of expenses was not justified.
The Tribunal held that the reassessment proceedings were invalid because the approval for issuing the Section 148 notice was obtained from the Commissioner instead of the Joint Commissioner, as mandated by Section 151(1). This procedural defect rendered the notice void ab initio.
The Tribunal held that the lending company, being a registered NBFC, had lending of money as a substantial part of its business, as evidenced by the deployment of over 63% of its net owned funds in loans and advances. Therefore, the loan did not fall within the ambit of Section 2(22)(e).
The Tribunal held that the issuance of a notice under Section 143(2) is a mandatory prerequisite for the commencement of assessment proceedings, including reassessment. Since no such notice was issued within the stipulated time, the reassessment order was deemed invalid and void ab initio.
The Tribunal found that the lease deed was entered into with four individual partners of the firm, who were also the owners of the land. Each partner received Rs 8,000/- per month, which was below the threshold for TDS under Section 194I. Therefore, no disallowance under Section 40(a)(ia) was warranted.
The Tribunal found that the assessee's jurisdiction was transferred and that the CIT(A) passed an ex parte order without giving a reasonable opportunity of being heard. Therefore, the matter was remitted back to the AO for a fresh assessment.
The Tribunal held that the difference in ledger balances was due to goods in transit and accounting practices based on receipt of goods, making the addition revenue neutral. The freight payment discrepancy was also explained as part of the purchase cost, not a separate disallowance.
The Tribunal held that the assessee did not get an opportunity to reply to the remand report, and therefore, the matter requires fresh examination. The appeal was remanded back to the CIT(A) for adjudication.
The Tribunal restored the matter to the Assessing Officer for fresh assessment in the interest of natural justice. The assessee was directed to appear before the AO and provide necessary details.
The Tribunal held that the appeals were liable to be dismissed for non-prosecution as the assessee failed to appear or pursue the matter. The assessee was given liberty to move for recalling the order if they could explain the non-compliance.
The Tribunal held that the appeals were liable to be dismissed for non-prosecution as the assessee failed to appear or pursue the matter. The assessee was given liberty to move for recalling the order if they could explain the non-compliance.
The Tribunal held that the appeals were liable to be dismissed for non-prosecution as the assessee failed to appear or pursue the matter. The assessee was given liberty to move for recalling the order if they could explain the non-compliance.
The Tribunal held that strategic investments made to gain controlling interest are outside the purview of Section 14A. However, other dividend-bearing investments are subject to disallowance.
The Tribunal found that the CIT(A) had not provided a finding on the issue as the appeal was decided ex-parte. Therefore, in the interest of justice, the appeal was set aside to the CIT(A) for fresh adjudication.
The Tribunal held that the reassessment proceedings were vitiated by a 'change of opinion' as the issue was already examined and accepted in the original assessment. Therefore, the disallowance made in reassessment was not sustainable.
The Tribunal held that while the daughter-in-law is a specified person under Section 40A(2)(b), the commission paid to her at Rs. 10 per kg was not excessive or unreasonable as the same rate was paid to an unrelated party. Therefore, the disallowance was not justified.
The Tribunal held that the issue of whether an advance was a trade advance needed to be examined by the AO. Regarding donations, the Tribunal upheld the disallowance due to lack of proper documentation and a distinguishable case law.
The Tribunal held that strategic investments made to gain controlling interest are outside the purview of Section 14A. However, other dividend-bearing investments are subject to disallowance.
The Tribunal noted that for the assessment year 2011-12, there was no facility to upload Form No. 10CCB on the income tax portal. Therefore, the matter was remanded back to the CIT(A) for fresh examination.
The Tribunal held that the CIT was not justified in invoking revisionary jurisdiction under section 263 as the issue of disallowance under section 40A(3) was already pending in appeal before the CIT(A). The Tribunal quashed the revisionary order.
The Tribunal held that since the assessee had audited books of accounts reflecting the loan, the issue should be examined afresh by the CIT(A) to ensure natural justice. The matter was remanded for a fresh adjudication.
The Tribunal held that due to the change of address and the principle of natural justice, the matter should be adjudicated afresh by the CIT(A). Therefore, the appeal was allowed for statistical purposes.
The Tribunal held that filing an appeal requires effective prosecution, not just submission. Since the assessee failed to appear and prosecute the appeal, it was liable to be dismissed.
The Tribunal observed that the assessee was not interested in prosecuting the appeals. Applying the principle of vigilance and considering the non-prosecution, the Tribunal treated the appeals as unadmitted.