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99 orders · Page 1 of 2
The Tribunal held that the CIT(Appeals) order was passed ex-parte without giving a proper opportunity of being heard, violating the principles of natural justice. The order also failed to comply with the requirements of Section 250(6) of the Income Tax Act.
The tribunal dismissed ground 2, finding no illegality in the intimation under Section 143(1). For ground 3, the tribunal directed the Assessing Officer to re-examine the issue of double addition after hearing the assessee and verifying the evidence.
The Tribunal held that miscellaneous expenses incurred in remote areas due to difficult terrain and road conditions, where cash payments were unavoidable, should be allowed. For puja expenses, incurred for the smooth functioning of the business, 10% was disallowed, and the balance was allowed.
The Tribunal found that the assessee had sufficient cause for non-appearance due to non-receipt of notices. The CIT(Appeals) orders also failed to comply with statutory requirements for written orders.
The Tribunal found that the assessee had sufficient cause for non-appearance due to non-receipt of notices. The CIT(Appeals) orders also failed to comply with statutory requirements for written orders.
The Tribunal found that the assessee was not given a proper and sufficient opportunity of being heard by the CIT(Appeals). Therefore, the ex-parte order was set aside.
The Tribunal held that re-allocation of expenses without rejecting the assessee's books of account is not permissible. The Tribunal relied on its previous order for AY 2010-11 where a similar disallowance was deleted.
The Tribunal found that the CIT(A) failed to pass a speaking order and did not consider the assessee's written submissions as required by law. Therefore, the CIT(A)'s order was set aside.
The Tribunal held that the evidence submitted by the assessee regarding the identity, genuineness, and creditworthiness of the investors was not considered by either the Assessing Officer or the CIT(A). Therefore, the matter was restored back to the Assessing Officer for fresh examination.
The Tribunal restored the assessee's grounds of appeal back to the CIT(A) for a fresh adjudication. This was due to the assessee's ex parte submission and the CIT(A)'s failure to deal with the merits of the case.
The Tribunal found that the CIT(A)'s order did not indicate proper service of notice and did not adjudicate the issue on merits. Therefore, the matter was restored to the Assessing Officer for fresh consideration.
The Tribunal restored the matters to the AO for fresh adjudication after allowing the assessee to explain the source of cash deposits and payments from the audited books of his proprietary concern. The Tribunal found merit in the assessee's contention that these amounts were withdrawals from his business.
The Tribunal found that the assessee's sales were accepted, and the suppliers were assessed for the purchase amounts. Crucially, the assessee was not confronted with the search statement, and the AO did not clearly label all purchase sums as bogus.
The tribunal found that the CIT(A)'s order was passed ex parte and did not consider the assessee's evidence. Therefore, the tribunal set aside the CIT(A)'s order and remanded the matter for fresh adjudication.
The Tribunal found that the CIT(A)'s order was passed ex parte without proper notice and without considering the evidence submitted by the assessee. Therefore, the matter was remanded for fresh adjudication.
The tribunal found that the CIT(A)'s order was passed ex parte without proper notice and without considering the documentary evidence submitted by the assessee. Therefore, the matter was decided afresh.
The Tribunal held that the addition made by the Assessing Officer was erroneous as the assessee had provided sufficient documentary evidence to show that the excess stock belonged to an associate concern. The Tribunal also noted that the Assessing Officer had not conducted adequate investigation to disprove the assessee's claim.
The Tribunal found that the assessee was not afforded sufficient opportunity to present its case. Citing a previous similar order where the matter was remitted, the Tribunal set aside the CIT's order.
The Tribunal held that the unpaid amount represented sundry creditors and bringing them into books with corresponding stock would not result in taxable income. However, if considered as unrecorded purchases, the addition should be restricted to a percentage of the net profit on such purchases.
The Tribunal held that only investments yielding exempt income should be considered for calculating administrative expenditure disallowance, aligning with previous tribunal and High Court decisions. The assessee's arguments regarding direct credit of dividend income and no change in investment portfolio were found to be without merit.
The Tribunal held that only investments yielding exempt income should be considered for calculating administrative expenditure disallowance, aligning with previous tribunal and High Court decisions. The assessee's arguments regarding direct credit of dividend income and no change in investment portfolio were found to be without merit.
The Tribunal restored the issue to the Assessing Officer for fresh factual verification. This was due to a lack of clarity on whether the assessee had derived any exempt income in the relevant year.
The Tribunal held that the assessee's claim for exemption could not be declined for future assessment years based on the given findings. It noted that the assessee was a registered society with a charitable object and had been granted exemption previously.
The Tribunal held that the CIT(A) does not have the power to enhance the assessment by considering a new source of income that was not examined by the AO. The enhancement made by the CIT(A) regarding salary disallowance was quashed.
The Tribunal held that the principles of natural justice demanded that the assessee be given another opportunity to demonstrate their case. The appeals were set aside to the CIT(A) for fresh adjudication, with directions to provide the impounded soft copies to the assessee.
The Tribunal held that the re-opening of assessment was bad in law as there was no understatement of income, and the income was disclosed by the assessee in the original return. The Tribunal also found that the assessee had provided sufficient evidence to prove the genuineness of the share transactions.
The Tribunal held that the principles of natural justice demanded that the assessee be given another opportunity to demonstrate their case. The appeals were set aside to the CIT(A) for fresh adjudication, with directions to provide the impounded soft copies to the assessee.
The Tribunal held that the CIT(Appeals) did not provide a proper and sufficient opportunity of being heard to the assessee. The appellate order also lacked the required format and reasoning as per section 250(6).
The Tribunal allowed the assessee's claim for deduction of education cess, holding it to be an allowable expense under Section 37(1) of the Income Tax Act, 1961. Other grounds were decided based on the merits of the case and relevant judicial precedents.
The tribunal considered the assessee's application for withdrawal of the appeal. The tribunal dismissed the appeal as withdrawn by the assessee.
The Tribunal found that the CIT(A) passed an ex-parte order without considering the assessment records on merits. Therefore, the Tribunal decided to set aside the CIT(A)'s order and remit the issue back for fresh adjudication.
The Tribunal held that the issue of short deduction of TDS is squarely covered by a previous decision of a coordinate bench in the assessee's own case, which was decided in favor of the assessee. Therefore, the disallowance under Section 40(a)(ia) was deleted.
The Tribunal noted that the assessee's counsel agreed to a disallowance of Rs. 1,00,000/- due to miscellaneous deficiencies. The revenue's representative also agreed with this amount. Therefore, the Tribunal directed the deletion of the balance disallowance.
The Tribunal held that the AO erred in not following the DRP's directions regarding the provision reversal and directed the AO to re-examine the claim. The Tribunal also directed the AO to examine the foreign tax credit claim as per the India-USA treaty.
The Tribunal allowed the assessee's claim for deduction of education cess, holding it to be an allowable expense under Section 37(1) of the Income Tax Act, 1961. Other grounds were decided based on the merits of the case and relevant judicial precedents.
The Tribunal held that the pre-amended Section 55A(a) of the Income Tax Act, 1961, was applicable as the property sale occurred before the amendment's effective date. Under the pre-amended provision, the AO could only refer the valuation if the assessee's claimed value was less than the fair market value, which was not the case here.
The Tribunal held that Section 68 of the Act was erroneously invoked as the transaction was a non-cash exchange of shares for settling pre-existing liabilities. The addition made by the AO was deleted.
The Tribunal held that the AO had adopted a possible view in allowing the deduction, and therefore, the assessment order could not be considered erroneous and prejudicial to the interest of the revenue. Consequently, the PCIT's assumption of revisional jurisdiction under Section 263 was quashed.
The Tribunal allowed the assessee's claim for deduction of education cess, holding it to be an allowable expense under Section 37(1) of the Income Tax Act, 1961. Other grounds were decided based on the merits of the case and relevant judicial precedents.
The Tribunal allowed the assessee's claim for deduction of education cess, holding it to be an allowable expense under Section 37(1) of the Income Tax Act, 1961. Other grounds were decided based on the merits of the case and relevant judicial precedents.
The assessee sought permission to withdraw the appeal as they intended to settle the issue under the 'Vivad se Vishwas Scheme'. The Tribunal granted this permission.
The Tribunal held that the reassessment proceedings were not sustainable as the Revenue failed to provide evidence that the assessees had a right to receive the alleged shares from the trusts. The trust deeds were not on record, and it was not established whether the trusts were discretionary or specific.
The Tribunal held that the reassessment proceedings were not sustainable as the Revenue failed to provide evidence that the assessees had a right to receive the alleged shares from the trusts. The trust deeds were not on record, and it was not established whether the trusts were discretionary or specific.
The ITAT set aside the CIT(Appeals)'s order dismissing the appeal for non-prosecution. The matter was remitted back to the CIT(Appeals) to decide the appeal afresh on merits after providing a proper opportunity of hearing to the assessee.
The Tribunal held that the difference between the assessee's valuation and the DVO's valuation was less than 10% of the assessee's valuation. Relying on previous judgments, the Tribunal deleted the addition made on account of this minor variation.
The Tribunal allowed the deduction under Section 80IC, following its own previous orders which granted 100% deduction for substantial expansion. The Tribunal also directed the Assessing Officer to compute the book profit and allow set off of tax credit as per law.
The Tribunal held that the PCIT's revisionary jurisdiction was not properly invoked as the AO had made inquiries and accepted the evidence provided by the assessee. The Tribunal emphasized that Section 263 cannot be used to substitute one opinion for another, especially when the AO's order was not demonstrably erroneous or prejudicial to revenue.
The Tribunal allowed the bad debts claim, holding that the write-off was ratified in the relevant accounting period and the amount was treated as a revenue item. The prior period expenses claim was also allowed based on the receipt of invoices in the relevant year and High Court precedent.
The Tribunal upheld the CIT(A)'s decision to delete the addition, finding no infirmity in the order. The CIT(A) had correctly observed that the overstated purchases did not result in revenue impact due to corresponding enhancement in closing stock.