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715 orders · Page 11 of 15
The Tribunal held that the CIT(A) erred in dismissing the appeal without providing an effective opportunity to the assessee to be heard. Principles of natural justice require adequate opportunity for submission of evidence and arguments.
The Tribunal upheld the CIT(A)'s decision to delete the addition. It found that the amount represented utilized accumulated income, not deemed income under section 11(1B), and the original reporting was a bona fide mistake.
The Tribunal found that the assessee's claim of these entities being group concerns, with common shareholders and directors, was raised for the first time before it. This fact changes the dynamics of the transactions, making it plausible for group entities to provide short-term finance. Therefore, the matter was set aside for fresh examination.
The Tribunal found that the dismissal for non-prosecution meant there was no finding on the merits. In the interest of justice, the matter was restored to the CIT(A) for a fresh decision.
The Tribunal, considering the prayer of the assessee and the lack of objection from the revenue, set aside the penalty issues to the file of the Ld.CIT(A) for fresh decision. The assessee is to be provided a reasonable opportunity of being heard.
The Tribunal, considering the prayer of the assessee and the lack of objection from the revenue, set aside the penalty issues to the file of the Ld.CIT(A) for fresh decision. The assessee is to be provided a reasonable opportunity of being heard.
The Tribunal restored the matter to the CIT(A) for fresh adjudication after providing the assessee with an adequate opportunity to be heard. This was subject to a cost of Rs. 5,000/- imposed on the assessee.
The Tribunal held that the CIT(A) did not comprehensively examine the additional evidence provided by the assessee. Given the COVID-19 pandemic's impact on compliance and the need for factual verification, the matter was restored to the Assessing Officer for fresh adjudication.
The Tribunal held that disallowances made under Section 14A without recording the required satisfaction under Section 14A(2) are unsustainable. It also found that including expenditure already disallowed under Section 37 leads to double disallowance.
The Tribunal deleted the additions made on account of commission income, following a co-ordinate bench's decision that additions cannot be made solely on third-party data without independent corroboration. The Tribunal found the Revenue had not distinguished the cited precedent.
The Tribunal deleted the additions made on account of commission income, following a co-ordinate bench's decision that additions cannot be made solely on third-party data without independent corroboration. The appeals were allowed on this ground.
The Tribunal deleted the additions made on account of commission income, following a co-ordinate bench's decision that additions cannot be made solely on third-party data without independent corroboration. The appeals were allowed on this ground.
The Tribunal deleted the additions made on account of commission income, following a co-ordinate bench's decision that additions cannot be made solely on third-party data without independent corroboration. The appeals were allowed on this ground.
The Tribunal deleted the additions made on account of commission income, following a co-ordinate bench's decision that additions cannot be made solely on third-party data without independent corroboration. The appeals were allowed on this ground.
The Tribunal deleted the additions made on account of commission income, following a co-ordinate bench's decision that additions cannot be made solely on third-party data without independent corroboration. The appeals were allowed on this ground.
The Tribunal deleted the additions made on account of commission income, following a co-ordinate bench's decision that additions cannot be made solely on third-party data without independent corroboration. The appeals were allowed on this ground.
The Tribunal deleted the additions made on account of commission income, following a co-ordinate bench's decision that additions cannot be made solely on third-party data without independent corroboration. The appeals were allowed on this ground.
The Tribunal held that disallowances made under Section 14A without recording the required satisfaction under Section 14A(2) are unsustainable. It also found that including expenditure already disallowed under Section 37 leads to double disallowance.
The Tribunal deleted the additions made on account of commission income, following a co-ordinate bench's decision that additions cannot be made solely on third-party data without independent corroboration. The appeals were allowed on this ground.
The Tribunal found that while the application was filed beyond the prescribed time limit, the CIT(E) had not recorded any defects in the assessee's activities or objects. The Tribunal restored the matter to the CIT(E) for fresh consideration, allowing the assessee an opportunity to explain the delay and present its case.
The Tribunal admitted additional evidence submitted by the assessee, citing a GST survey that led to the seizure of books and documents. Consequently, the matter was set aside to the Assessing Officer for a fresh assessment.
The Tribunal found that while the application was filed beyond the prescribed time limit, the CIT(E) had not recorded any defects in the assessee's activities or objects. The Tribunal restored the matter to the CIT(E) for fresh consideration, allowing the assessee an opportunity to explain the delay and present its case.
The ITAT condoned the delay in filing the appeal, subject to a cost of Rs. 22,000, considering the substantial addition and the assessee's deposit of appeal fees. The case was remanded to the CIT(A) for a decision on merits.
The ITAT condoned the delay in filing the appeal, subject to a cost of Rs. 22,000, considering the substantial addition and the assessee's deposit of appeal fees. The case was remanded to the CIT(A) for a decision on merits.
The Tribunal admitted additional evidence submitted by the assessee, citing a GST survey that led to the seizure of books and documents. Consequently, the matter was set aside to the Assessing Officer for a fresh assessment.
The Tribunal held that the issue of the assessee's claim for exemption under Section 54F should be restored to the AO for de novo verification. The Tribunal also allowed the appeal for statistical purposes, implying that the additions related to loan repayments might be deleted after further examination.
The Tribunal held that the issue of the assessee's claim for exemption under Section 54F should be restored to the AO for de novo verification. The Tribunal also allowed the appeal for statistical purposes, implying that the additions related to loan repayments might be deleted after further examination.
The Tribunal held that the addition cannot be sustained solely on the basis of third-party statements and uncorroborated entries when the assessee denied the cash payment. The lack of independent corroborative evidence and the denial of cross-examination were critical factors.
The Tribunal held that dismissing an appeal without adjudicating on merits, even for non-prosecution, violates principles of natural justice. While acknowledging the assessee's negligence, the Tribunal decided to remand the case for fresh adjudication.
The ITAT held that the CIT(A) failed to adjudicate the appeal on merits and did not pass a speaking and reasoned order. The matter was restored to the CIT(A) for fresh adjudication.
The Tribunal held that since the assessment order, on which the penalty was based, was subsequently set aside and restored to the Assessing Officer for fresh adjudication, the penalty cannot survive independently. Therefore, the penalty issue should also be restored to the Assessing Officer.
The Tribunal set aside the CIT(A)'s order and restored the matter for fresh adjudication. The CIT(A) was directed to consider both legal grounds and merits of additions, taking into account prevailing legal positions and subsequent developments.
The Tribunal held that the reassessment proceedings were barred by limitation, following the Supreme Court's decision in Rajeev Bansal. The notice issued under Section 148, the order under Section 148A(d), and the consequential assessment order were quashed.
The Tribunal upheld the CIT(A)'s decision to restrict the addition to the profit element embedded in the purchases, calculated at 9.07% of the alleged bogus purchases. The Revenue's appeal was dismissed.
The Tribunal upheld the CIT(A)'s decision, finding that the assessee's activities of assembling, assorting, and polishing diamonds qualified as 'manufacture' or 'services' under the SEZ Act. It also found that export proceeds were realized by STC and the delay in remittance was due to disputes beyond the assessee's control.
The Tribunal found that the disallowances were made predominantly on presumptions without comprehensive factual verification. The matter was restored to the Assessing Officer for fresh adjudication after conducting necessary inquiries with concerned parties.
The Tribunal found that the disallowances were made predominantly on presumptions without comprehensive factual verification. The matter was restored to the Assessing Officer for fresh adjudication after conducting necessary inquiries with concerned parties.
The Tribunal held that each investment/transaction is a separate source of income, allowing the assessee to choose the most beneficial option between the Act and the DTAA for each source. Gains exempt under the DTAA cannot be used to offset losses under the Act.
The Tribunal restored the matter to the file of the AO for verification of the assessee's TDS claim, noting that the credit was reflected in Form 26AS. Both parties agreed to this course of action in the interest of substantial justice.
The Tribunal condoned the delay in filing Form 10B, citing Supreme Court and Tribunal precedents that filing the form is procedural. The matter was restored to the Assessing Officer for verification and to grant appropriate relief.
The Tribunal found that the CIT(A)'s order was non-speaking and unreasoned, prejudicing the assessee. Therefore, the Tribunal set aside the CIT(A)'s order and restored the appeal to the CIT(A)'s file for fresh adjudication.
The Tribunal held that the assessee had discharged its onus under Section 68 by providing sufficient evidence and that repayment of the loan further strengthened its genuineness. Therefore, the addition made by the AO was unsustainable.
The Tribunal held that an assessment order passed against a deceased person is a nullity and not legally sustainable. Consequently, both the assessment order and the CIT(A)'s order were quashed.
The Tribunal found that there was no dispute regarding the leviability of interest under sections 234A and 234C. However, due to discrepancies in the computation of interest by the AO-CPC and the assessee, the matter was restored to the Jurisdictional AO for de novo adjudication.
The Tribunal held that since the delay in filing Form 10 was condoned and the return was filed on time, the claim for exemption under Section 11(2) should be examined on merits. Similarly, the issue of the donation's application towards trust objects was also restored for verification.
The Tribunal set aside the CIT(A)'s order and restored the matter to the Assessing Officer for de novo assessment. This was done to provide the assessee with an opportunity to represent its case effectively.
The Tribunal found that the assessee's claim of tax-exempt salary/pension income and entitlement to statutory deductions (Section 16 and 80TTA) needed verification. Therefore, the matter was remitted back to the Assessing Officer for fresh adjudication.
The Tribunal held that since the impugned order was recalled by the CIT(A) and the appeal is pending fresh consideration, the present appeal challenging the recalled order is infructuous.
The Tribunal found that the lower authorities had not properly considered the elaborate details submitted by the assessee and that the CIT(A)'s observation about profit shifting was incorrect. Procedural issues, including the non-admission of additional evidence and lack of opportunity for hearing, were also noted.
The Tribunal held that the addition was unsustainable as it was based on an unverified third-party statement without providing an opportunity for cross-examination, violating principles of natural justice. The repayment of the loan with interest and the documentary evidence provided by the assessee strengthened the genuineness of the transaction.