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272 orders · Page 2 of 6
The Tribunal held that assessments made under Section 153C without issuing a notice under Section 143(2) are invalid. It also directed the Assessing Officer to allow proportionate deduction under Section 80IB(10) for eligible residential units.
The Tribunal held that the issue is covered by its own previous decisions in the assessee's case. Following the jurisdictional High Court's decision, overseas State taxes not eligible for relief under Section 90 or 91 are not covered by Section 40(a)(ii). The Assessing Officer had already allowed the deduction in a prior year after verification.
The Tribunal observed that the Commissioner failed to pass an order on merit due to the assessee's lack of appearance and documentation. Therefore, the case was remanded to the Commissioner for a fresh decision.
The Tribunal held that the penalty notices issued under Section 274 read with Section 271(1)(c) were vague and bad in law as they did not specify the exact charge against the assessee. Consequently, the penalty levied was directed to be deleted.
The Tribunal deleted additions related to TDS, finding that the assessee's declared income and Form 26AS matched, and the AO failed to provide contrary evidence. However, the Tribunal upheld the tax authorities' findings regarding FTS/FIS, stating the assessee failed to prove that the receipts were mere cost reimbursements without any profit element.
The Tribunal found that the CIT(A) passed a non-speaking order without properly examining the assessee's submissions. Therefore, the case was remanded back to the CIT(A) for fresh adjudication.
The Tribunal held that since the substantive additions were already made in the hands of Shri Nilesh Bharani, the protective additions made in the assessee's hands were rightly deleted by the CIT(A). The Revenue's appeals were dismissed as unnecessary litigation.
The Tribunal held that the land was non-agricultural, as evidenced by official records and the assessee's failure to prove otherwise or substantiate claimed expenses. The addition of unexplained deposit was also upheld due to lack of explanation.
The Tribunal held that since the substantive additions were already made in the hands of Shri Nilesh Bharani, the protective additions made in the assessee's hands were rightly deleted by the CIT(A). The Revenue's appeals were dismissed as unnecessary litigation.
The Tribunal held that the penalty notices issued under Section 274 read with Section 271(1)(c) were vague and bad in law as they did not specify the exact charge against the assessee. Consequently, the penalty levied was directed to be deleted.
The Tribunal held that the penalty notice issued under section 274 r/w section 271(1)(c) was defective as it did not strike off either the charge of concealment of particulars or furnishing inaccurate particulars. Following the jurisdictional High Court's decision, the penalty proceedings were quashed.
The Tribunal deleted an addition of Rs. 7,23,82,604/- as it was already added in AY 2009-10. The issue of fixed assets was remanded to the AO for further examination. The assessee's eligibility for exemption under Section 10AA was allowed for statistical purposes.
The Tribunal held that the Assessing Officer failed to point out any defect in the documentary evidence submitted by the assessee to prove the genuineness of the loan transactions. Reliance on a third-party statement that was later retracted was insufficient.
The Tribunal condoned the delay, citing the medical emergencies as a sufficient cause. The Tribunal also held that the Commissioner (Appeals) is obligated to decide appeals on merits and cannot dismiss them for non-prosecution, setting aside the previous ex-parte orders.
The Tribunal held that assessments made under Section 153C without issuing a notice under Section 143(2) are invalid. It also directed the Assessing Officer to allow proportionate deduction under Section 80IB(10) for eligible residential units.
The Tribunal held that since the substantive additions were already made in the hands of Shri Nilesh Bharani, the protective additions made in the assessee's hands were rightly deleted by the CIT(A). The Revenue's appeals were dismissed as unnecessary litigation.
The Tribunal noted the assessee's lack of proper representation before the lower authorities. To ensure justice, the issue was remitted back to the CIT(A) for a fresh examination with directions for the assessee to cooperate and provide evidence.
The Tribunal held that since the substantive additions were already made in the hands of Shri Nilesh Bharani, the protective additions made in the assessee's hands were rightly deleted by the CIT(A). The Revenue's appeals were dismissed as unnecessary litigation.
The Tribunal held that assessments made under Section 153C without issuing a notice under Section 143(2) are invalid. It also directed the Assessing Officer to allow proportionate deduction under Section 80IB(10) for eligible residential units.
The Tribunal held that while the Supreme Court ruling in Checkmate Services P. Ltd. disallows deductions for PF contributions deposited after the due date, a portion of the disallowed amount was deposited within the prescribed period or was employer's contribution. Therefore, the issue needed to be remanded to the AO for fresh verification.
The Tribunal held that the interest income earned by the assessee on deposits with a co-operative bank is eligible for deduction under Section 80P(2)(d). They followed decisions of various High Courts and coordinate benches that allowed such deductions, distinguishing them from the facts of the Apex Court ruling.
The Tribunal held that the assessee failed to establish a link between the income offered to the ITSC and the cash deposited. The onus was on the assessee to prove the source of the cash deposit.
The Tribunal held that while cooperative banks may not be eligible for deduction under Section 80P(4), a cooperative society earning interest from investments in a cooperative bank is still entitled to deduction under Section 80P(2)(d). Therefore, the disallowance was incorrect.
The Tribunal held that the services rendered by the assessee did not make available any technical knowledge to the SSS, thus not falling under the definition of FTS as per the DTAA. Consequently, the income was not taxable in India.
The Tribunal held that the services rendered by the assessee did not make available any technical knowledge to the SSS, thus not falling under the definition of FTS as per the DTAA. Consequently, the income was not taxable in India.
The Tribunal held that the notice for reassessment was invalid because the Assessing Officer failed to obtain the necessary approval from the Principal Commissioner of Income Tax as required by Section 151(1) for reopening after four years. Therefore, the reassessment proceedings were quashed.
The Tribunal held that the services rendered by the assessee did not make available any technical knowledge to the SSS, thus not falling under the definition of FTS as per the DTAA. Consequently, the income was not taxable in India.
The Tribunal observed that the Commissioner's order was cryptic and did not address the assessee's request for a video-conference hearing. Therefore, the case was remanded back to the Commissioner for a fresh decision.
The Tribunal quashed the reassessment proceedings as not being in compliance with Section 147. It also deleted the addition for bad debts, finding the AO's reasoning to be based on incorrect facts. The Revenue's appeal regarding foreign tax credit was dismissed as the reassessment order was quashed.
The Tribunal held that the assessment order was not passed and dispatched within the prescribed time limit. Evidence showed a significant gap between the purported date of passing the order and the date of dispatch, rendering the assessment order invalid.
The Tribunal held that the CIT(A) erred in not admitting additional evidence and that the Assessing Officer should have called for further details if not satisfied with the initial evidence. The issue was remanded back to the Assessing Officer to admit the additional evidence and examine the exemption claim.
The Tribunal held that the CIT(A) failed to decide the appeal on merits and did not provide sufficient opportunity to the assessee. Therefore, the case was restored to the CIT(A) for fresh adjudication after affording an opportunity of being heard.
The Tribunal found that the AO had not referred the case to the Valuation Officer and that a similar property in the same building was valued lower by the DVO. Therefore, the addition made by the AO was not justified.
The Tribunal held that the amenities provided were an integral part of the premises and inseparable from the rental agreement. Therefore, the claim for deduction was found to have merit.
The Tribunal directed the DRP to decide the assessee's rectification application expeditiously. The appeal was allowed for statistical purposes pending the DRP's decision.
The Tribunal held that the reassessment order was passed without jurisdiction as the AO failed to follow the mandatory procedure of disposing of the assessee's objections by a speaking order, as laid down by the Supreme Court. Consequently, the notice under Section 148 and the reassessment order were set aside.
The Tribunal remanded the issue of interest on income tax refund to the AO for fresh determination, directing the AO to provide details as per the CIT(Appeals)'s earlier direction. Similarly, the issues of bad debts, society expenses, and interest expenses were also remanded to the AO for fresh adjudication.
The Tribunal held that the Assessing Officer is mandatorily required to record dissatisfaction with the assessee's claim regarding expenditure for exempt income before making a disallowance under Section 14A. Since this prerequisite was not met, the disallowance was deleted.
The Tribunal held that the authorities below failed to consider the assessee's specific claim of not trading in shares and made additions solely based on the assessee's name appearing in a list of traders. The additions were deemed unsustainable and deleted.
The Tribunal held that the assessee is eligible for exemption under Sections 11 and 12 of the Income Tax Act. Furthermore, it ruled that the assessee is a 'State' within the meaning of Article 289(1) of the Constitution due to deep and pervasive State control and its public importance.
The Tribunal held that the assessee is eligible for exemption under Sections 11 and 12 of the Income Tax Act. Furthermore, it ruled that the assessee is a 'State' within the meaning of Article 289(1) of the Constitution due to deep and pervasive State control and its public importance.
The Tribunal held that income earned from members in respect of holding seminars, exhibitions, and other activities is not taxable on the principle of mutuality. The AO was directed to examine the allocation of income and expenditure between members and non-members and grant relief accordingly.
The Tribunal held that appellate authorities can entertain claims for deduction even if not made in the original return or a revised return. Relying on the jurisdictional High Court's decision in CIT vs. M/s. Pruthvi Brokers & Shareholders (P) Ltd., the Tribunal found that the CIT(A) erred in dismissing the claim solely based on the Goetze (India) Ltd. judgment.
The Tribunal held that income earned from members in respect of holding seminars, exhibitions, and other activities is not taxable on the principle of mutuality. The AO was directed to examine the allocation of income and expenditure between members and non-members and grant relief accordingly.
The Tribunal noted that the proceedings before the CIT(A) were ex-parte and the assessee claimed notices were sent to an incorrect email address. For fairness, the matter was restored to the CIT(A) for a fresh examination after providing an opportunity to be heard.
The Tribunal reversed the CIT(A)'s order, restoring the AO's disallowance of business promotion expenses. It held that the Supreme Court's decision in Apex Laboratories squarely covered the issue against the assessee, and no distinction based on quantum or nature of expenditure was permissible.
The tribunal set aside the issue of depreciation on goodwill to the AO for re-examination of the actual cost. The claim for deduction under Section 35DD for amalgamation expenses was dismissed due to lack of supporting evidence for a portion of the expenditure. The AO's appeal was also partly allowed.
The Tribunal affirmed the disallowance, following the Supreme Court's decision in Checkmate Services Pvt. Ltd. The late deposit of employee's contribution to PF/ESIC is not allowable as a deduction.
The Tribunal held that the AO's disallowance was ad-hoc and not based on substantial enquiry or specific discrepancies. The CIT(A)'s decision to delete the disallowance was found to be without perversity, considering the substantial evidence submitted and the improved NP declared by the assessee.
The Tribunal admitted the additional evidence, finding it necessary for proper adjudication and not prejudicial to the Revenue. The issues were remanded back to the CIT(A) for fresh consideration.