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432 orders · Page 5 of 9
The Tribunal held that since the revision order under Section 263 was quashed, the assessment order passed to give effect to it would not survive. Therefore, the CIT(A)'s decision to allow the assessee's appeal was upheld.
The Tribunal held that the Assessing Officer did not comply with the remand directions and should have considered the total provision for bad and doubtful debts available in the books of accounts, irrespective of when it was made. Consequently, no disallowance was warranted.
The Tribunal, in the interest of natural justice, set aside the CIT(A)'s ex parte order. The assessee was granted one more opportunity to present their case before the CIT(A) subject to payment of Rs. 1,000/- as cost.
The Tribunal dismissed the grounds related to employee PF contribution disallowance, following the Supreme Court's decision in Checkmate Services Pvt. Ltd. The grounds for refund of excess DDT and interest under Section 244A were also dismissed.
The Tribunal restored the grounds related to gratuity, employee's contribution to welfare funds, and TDS credit back to the Assessing Officer for fresh adjudication. The Tribunal also admitted additional grounds regarding deduction under Section 80JJAA and remanded them to the Assessing Officer for a decision on whether a fresh claim can be raised before the Tribunal against a 143(1) intimation.
The Tribunal held that the disallowance of employee's contribution to PF/ESI paid after the due date is not debatable, following the Supreme Court's decision in Checkmate Services Pvt. Ltd. Therefore, the adjustment under section 143(1) was upheld.
The Tribunal held that the assessee's business model involved assigning rental receivables to financiers on a non-recourse basis, and the income offered was from this business, not the rental income itself. The CIT(A)'s deletion of the addition was confirmed.
The Tribunal restored the grounds related to gratuity, employee's contribution to welfare funds, and TDS credit back to the Assessing Officer for fresh adjudication. The Tribunal also admitted additional grounds regarding deduction under Section 80JJAA and remanded them to the Assessing Officer for a decision on whether a fresh claim can be raised before the Tribunal against a 143(1) intimation.
The Tribunal found that the admitted tax was paid prior to filing the appeals before the CIT(A). Therefore, the CIT(A) was not justified in dismissing the appeals without appreciating the facts correctly.
The Tribunal held that the issue of disallowance for late payment of employee's PF/ESI contribution is no longer debatable following the Supreme Court's decision in Checkmate Services Pvt. Ltd. Therefore, the adjustment under section 143(1)(a) was correct.
The Tribunal restored the grounds related to gratuity, employee's contribution to welfare funds, and TDS credit back to the Assessing Officer for fresh adjudication. The Tribunal also admitted additional grounds regarding deduction under Section 80JJAA and remanded them to the Assessing Officer for a decision on whether a fresh claim can be raised before the Tribunal against a 143(1) intimation.
The Tribunal held that additions made under Section 153A in unabated assessment years are only permissible if based on incriminating material found during the search. Since no such material was found, the additions were deleted.
The Tribunal noted that in a previous assessment year (2010-11), it had restricted the disallowance on bogus purchases to 12.5%. Following this precedent and considering the nature of the assessee's business, the Tribunal decided to remand the issue back to the CIT(A).
The Tribunal held that additions made under Section 153A in unabated assessment years are only permissible if based on incriminating material found during the search. Since no such material was found, the additions were deleted.
The Tribunal held that the assessee had fully and truly disclosed all material facts necessary for the assessment, and the AO had inquired into the issue during the original assessment. Therefore, the additional condition for reopening the assessment after four years was not satisfied.
The Tribunal held that the penalty notice issued was vague and omnibus, failing to clearly specify the grounds for levying the penalty. Following the Bombay High Court's decision, such a notice vitiates the penalty proceedings.
The Tribunal held that additions made under Section 153A in unabated assessment years are only permissible if based on incriminating material found during the search. Since no such material was found, the additions were deleted.
The Tribunal found that the assessee failed to establish the genuineness of the purchases and was involved in providing accommodation entries. However, considering similar past cases, the AO was directed to treat 1% of total sales as net commission for providing accommodation entry.
The Tribunal deleted the disallowance under Section 14A for lack of satisfaction by the Assessing Officer and allowed depreciation at 60% on computer peripherals, following previous tribunal decisions. The transfer pricing adjustments were not explicitly detailed in the provided excerpt for the final decision.
The Tribunal found that the AO had not properly examined whether the interest income was business income or income from other sources, and had treated the entire business loss as Nil without sufficient examination. Therefore, the issue was remanded to the AO for fresh adjudication.
The Tribunal held that the conditions for deduction under Section 80IA were satisfied, including the existence of an agreement with a statutory body for operating an infrastructure facility. The Tribunal dismissed the Revenue's appeal on this ground.
The Tribunal held that the AO should have referred the matter to a valuation officer to ascertain the reasonableness of rent and other payments. The Tribunal restored the issue to the AO for fresh adjudication after allowing the assessee to submit necessary documentary evidence.
The Tribunal acknowledged the assessee's non-compliance but, considering it's a charitable institution, set aside the impugned order. The case was remanded to the Assessing Officer to frame a fresh assessment after providing a reasonable opportunity of hearing to the assessee.
The Tribunal directed the Assessing Officer to exclude certain comparable companies from the analysis and to re-compute the arm's length price and transfer pricing adjustment. The claim for working capital adjustment was allowed for statistical purposes.
The Tribunal found that the submissions and documents filed by the assessee were essential for proper adjudication. Therefore, the case was remanded to the CIT for a fresh decision, subject to a deposit in the National Relief Fund.
The Tribunal allowed deduction under Section 10A on interest income earned from surplus funds, consistent with previous rulings. It also directed the exclusion of telecommunication charges from both export and total turnover for Section 10A computation.
The Tribunal found that while the assessee failed to prove the genuineness of purchases, the estimated profit at 12.5% was on the higher side. The Tribunal reduced the profit estimation to 7.5% and directed the exclusion of a machinery cost from bogus purchases.
The Tribunal observed that while the assessee did not fully participate, the CIT(A) did not issue notices to the assessee's postal address and did not decide the appeal on merit. Therefore, the case was remanded for fresh decision.
The Tribunal held that the conditions for deduction under Section 80IA were satisfied, including the existence of an agreement with a statutory body for operating an infrastructure facility. The Tribunal dismissed the Revenue's appeal on this ground.
The Tribunal held that for unabated assessment years, additions under Section 153A can only be made if there is incriminating material found during the search. Since no such material was found, the additions made by the Assessing Officer were deleted.
The Tribunal held that for unabated assessment years, additions under Section 153A can only be made if there is incriminating material found during the search. Since no such material was found, the additions made by the Assessing Officer were deleted.
The Tribunal held that the CIT(A) was duty-bound to decide the appeal on merits, even if the appellant failed to appear or provide submissions. Therefore, the CIT(A)'s order dismissing the appeal for non-prosecution was set aside.
The Tribunal held that while the assessment order was erroneous as the deduction under Section 80P(2)(a)(i) was wrongly allowed, it was not prejudicial to the revenue because the interest income was allowable under Section 80P(2)(d). Therefore, the PCIT's powers under Section 263 were not justified.
The Tribunal held that since the assessee had sufficient interest-free funds to cover the interest-free loans advanced to related parties, no addition of notional interest was warranted. Any violation of the Companies Act had no implication under the Income Tax Act.
The Tribunal held that the AO should have referred the matter to a valuation officer to ascertain the reasonableness of rent and other payments. The Tribunal restored the issue to the AO for fresh adjudication after allowing the assessee to submit necessary documentary evidence.
The Tribunal admitted the additional ground regarding carbon credits, noting that the information was on record, and remanded it to the Assessing Officer for fresh adjudication. The Tribunal dismissed the ground related to depreciation claim. The issue of cane transportation charges was set aside to the Assessing Officer to determine if the expenses crystallised in the impugned year.
The Tribunal held that the assessee had discharged its onus by providing details of the investor companies, including their PAN, addresses, and financial statements. The Revenue failed to bring on record any material to disprove the genuineness and creditworthiness of these investors.
The Tribunal held that additions made under Section 153A in unabated assessment years are only permissible if based on incriminating material found during the search. Since no such material was found, the additions were deleted.
The Tribunal held that the AO should have referred the matter to a valuation officer to ascertain the reasonableness of rent and other payments. The Tribunal restored the issue to the AO for fresh adjudication after allowing the assessee to submit necessary documentary evidence.
The Tribunal upheld the CIT(A)'s decision, following previous orders in the assessee's own case and the principles laid down in the Empire Jute Co. Ltd. case. The technology cost was treated as revenue expenditure and allowed as a deduction.
The Tribunal held that the order passed by the TPO was indeed time-barred by one day, as the limitation expired on October 31, 2019. Consequently, the final assessment order was also deemed bad in law.
The Tribunal held that the PCIT rightly exercised jurisdiction under Section 263 as the Assessing Officer failed to conduct basic inquiries and verifications regarding the claimed business expenditure. The assessment order was considered erroneous and prejudicial to the revenue's interest.
The Tribunal noted that the AO and CIT(A) did not decide the issue on merits due to the lack of Section 12A registration. Since the assessee has since obtained registration, the case was remitted back to the AO for a fresh decision on merits.
The Tribunal noted that the AO and CIT(A) did not decide the issue on merits due to the lack of Section 12A registration. Since the assessee has since obtained registration, the case was remitted back to the AO for a fresh decision on merits.
The Tribunal noted that the AO and CIT(A) did not decide the issue on merits due to the lack of Section 12A registration. Since the assessee has since obtained registration, the case was remitted back to the AO for a fresh decision on merits.
The Tribunal, following its previous decisions, restricted the disallowance of bogus purchases to 6% of the alleged amount. The reopening of assessment was not pressed by the assessee.
The Tribunal upheld the deletion of the addition made by the AO. It held that the assessee had discharged its onus under Section 68 by proving the identity, creditworthiness, and genuineness of the transaction, especially since the investor was a non-resident and the first proviso to Section 68 was not applicable.
The Tribunal held that the AO and CIT(A) made additions on an estimation basis without examining the documents produced by the assessee. The matter was set aside to be decided afresh by the AO after providing an opportunity of being heard.
The Tribunal held that the appeals filed by the Revenue have become infructuous due to the insolvency resolution process of the assessee company. The appeals were dismissed as infructuous.
The Tribunal condoned the delay in filing the appeal, citing the principle of substantial justice. It was held that the additional evidence was crucial and required verification at the assessment level.