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986 orders · Page 11 of 20
The Tribunal held that the CIT(A) erred in dismissing the appeal without adjudicating the grounds on merits, especially since the dismissal was primarily for non-compliance. The matter was restored to the CIT(A) for de novo adjudication.
The Tribunal found that the profit rate of 12.5% sustained by the CIT(A) on alleged non-genuine purchases was excessive for a civil construction business. It reduced the addition to 10% of the alleged non-genuine purchases.
The Tribunal condoned the delay in filing the appeal by the Revenue. Considering the subsequent reversal of the High Court judgment by the Supreme Court, the Tribunal decided to remand the matter back to the CIT(A) for fresh adjudication.
The Tribunal found merit in the assessee's explanation for the delay, noting a lack of adequate opportunity before the lower authorities. The matter was restored to the CIT(A) for fresh adjudication after considering the condonation petition.
The Tribunal condoned the delay in filing the appeal, citing reasons beyond the assessee's control and the lack of opposition from the revenue. The Tribunal also found merit in the ground regarding the denial of adequate opportunity by the CIT(A).
The Tribunal held that an adjustment under Section 50C of the Act cannot be made while processing the return under Section 143(1) as it deprives the assessee of their statutory right to object to the stamp duty value. The adjustment made by the AO was unsustainable.
The Tribunal restored the issue of interest under Section 234C to the Assessing Officer for fresh verification and recomputation. Similarly, the issue of short grant of interest under Section 244A was also restored to the Assessing Officer for verification and grant of further interest if warranted.
The Tribunal upheld the CIT(A)'s deletion of the unsecured loan addition, finding that the assessee had discharged its onus by providing identity, genuineness, and creditworthiness of lenders. However, the matter of sundry balances was remanded to the AO for fresh verification.
The Tribunal held that the assessee is entitled to the rebate under Section 87A even if the income includes short-term capital gains taxable under Section 111A. The statutory language for the relevant assessment year did not prohibit this rebate.
The Tribunal set aside the ex-parte order of the CIT(A) and restored the matter for fresh adjudication. The CIT(A) was directed to provide the assessee with an adequate opportunity of hearing.
The Tribunal held that the assessee is a valid securitisation trust entitled to assessment under Sections 61-63, not as an AOP. Mere participation of beneficiaries does not constitute an AOP, and the trust structure under SARFAESI Act with identifiable beneficiaries and revocable contributions aligns with Sections 61-63.
The Tribunal held that the CIT(A) erred in not admitting the husband's affidavit as additional evidence without a proper Rule 46A application. The matter was restored to the CIT(A) for fresh adjudication.
The Tribunal upheld the deletion of the addition by the CIT(A), finding that the identity of the settlor, genuineness of the transaction, and the settlor's creditworthiness were established. The Tribunal also noted that the movement of funds and the source of the fixed deposits were adequately explained through documentary evidence.
The Tribunal found that the appeal was disposed of ex-parte and, in the interest of natural justice, restored the matter to the CIT(A) for fresh adjudication. The assessee was granted one more opportunity to present their case.
The Tribunal held that the assessee had satisfactorily explained the source of the cash found in the locker. The Revenue failed to provide cogent material to rebut the assessee's explanation.
The Tribunal held that for the purpose of Section 56(2)(x)(b)(B), the stamp duty valuation on the date of allotment (2010-11) should be considered, not the date of registration. The additional evidence submitted by the assessee was admitted.
The Tribunal found that the assessee was likely deprived of a reasonable opportunity of being heard due to notices being sent to an incorrect email address. Therefore, the ex-parte order passed by the CIT(A) could not be sustained.
The Tribunal found that the CIT(A) had not properly considered the facts of the year under consideration and had failed to examine whether borrowed funds were used for business purposes or invested in subsidiaries. Therefore, the matter was restored to the CIT(A) for de novo adjudication.
The Tribunal held that the appeals had become infructuous due to the subsequent orders granting registration and approval. Therefore, the appeals were dismissed.
The Tribunal held that the appeals had become infructuous due to the subsequent orders granting registration and approval. Therefore, the appeals were dismissed.
The Tribunal found that the CIT(E) denied registration based on a misunderstanding of compliance. The assessee had indeed provided the necessary details. Therefore, the matter was restored to the CIT(E) for fresh consideration.
The Tribunal held that the services rendered by the assessee were professional services under Article 14 of the India-Germany DTAA, not FTS under Article 12. Therefore, the income was taxable only in Germany.
The Tribunal held that the notice for reopening the assessment was issued without the proper sanction from the competent authority as required by Section 151(ii) of the Act. Therefore, the reassessment proceedings were invalid.
The Tribunal held that CSR expenditure disallowed under section 37(1) can still be eligible for deduction under section 80G if the recipient institution meets the conditions. The specific exclusions in section 80G for Swachh Bharat Kosh and Clean Ganga Fund indicate that other CSR contributions are not automatically denied.
The Tribunal found that the AO/DRP had summarily rejected the assessee's contentions regarding the nature of receipts without sufficient examination. Therefore, the matter was restored to the AO for a fresh adjudication after carefully considering the assessee's arguments. The additional ground regarding the assessment order being barred by limitation was dismissed due to a retrospective amendment.
The Tribunal held that the addition was based on an erroneous disclosure in the return and not on evidence of actual receipt. The assessee provided bank statements, EPFO records, and an affidavit to support the claim of an inadvertent clerical error.
The Tribunal held that the CIT(A)'s order was passed ex parte and did not properly consider the facts and evidence, failing to adjudicate the issues on merits as required by Section 250(6). Therefore, the matter was restored to the CIT(A) for fresh adjudication.
The Tribunal held that once sales are accepted, the entire purchase amount cannot be disallowed. Only the profit element embedded in the purchases can be brought to tax, especially when the assessee has provided supporting evidence and sales are not doubted.
The Tribunal held that once sales are accepted, the entire purchase amount cannot be disallowed. Only the profit element embedded in the purchases can be brought to tax, especially when the assessee has provided supporting evidence and sales are not doubted.
The Tribunal dismissed the assessee's grounds challenging assessment validity and the addition of accrued interest. However, it upheld the deletion of capital losses on share sales, partly allowing the Revenue's appeal.
The Tribunal dismissed the assessee's grounds challenging the assessment validity and addition on interest income. The Tribunal remanded the issue of disallowance under Section 36(1)(iii) to the CIT(A) for de novo adjudication.
The Tribunal held that filing an incorrect form initially, followed by the correct form before assessment completion, constitutes a curable procedural defect. The denial of deduction solely on this technicality was set aside.
The Tribunal permitted the assessee to withdraw the present appeal as it was a duplicate filing. Consequently, the appeal was dismissed as withdrawn.
The Tribunal noted that the addition, which formed the basis for the penalty, had been deleted by a previous Tribunal order. Therefore, the penalty could not survive.
The Tribunal held that the absence of an explicit irrevocability or dissolution clause in the trust deed is not a valid ground for rejecting registration under Section 12AB. The Tribunal followed the jurisdictional High Court's decision which stated that a public charitable trust is deemed irrevocable by operation of law.
The Tribunal held that the absence of an explicit irrevocability or dissolution clause in the trust deed is not a valid ground for rejecting registration under Section 12AB, following a Bombay High Court judgment. Consequently, the denial of 80G approval, being consequential, was also set aside.
The Tribunal found it appropriate to remit the matter back to the Assessing Officer for fresh consideration. This was due to certain documents not being filed before the AO and no remand report being called for in the first appellate proceedings, necessitating a de novo assessment.
The Tribunal held that since the capital gains were already offered to tax and the transactions were through banking channels with documentary evidence, the addition of sale consideration as unexplained investment was unjustified. The estimated commission was also deleted.
The Tribunal held that the deduction under section 80IA is allowable up to the Gross Total Income, not just business income, following a Supreme Court judgment. It also directed partial allowance for provident fund interest and restoration of the sick leave provision issue for verification.
The Tribunal held that the deduction under section 80IA is allowable up to the Gross Total Income, not just business income, following a Supreme Court judgment. It also directed partial allowance for provident fund interest and restoration of the sick leave provision issue for verification.
The Tribunal upheld the CIT(A)'s order regarding Section 14A, finding no reason to interfere as the assessee had no exempt income and the CIT(A)'s order was well-reasoned. The appeal was decided ex parte.
The Tribunal held that since the assessment order, which formed the basis for the penalty, was set aside and restored for fresh adjudication, the penalty cannot independently survive. The Assessing Officer is at liberty to initiate penalty proceedings afresh based on the outcome of the de novo assessment.
The Tribunal restored the matter concerning brought forward losses and additions under Sections 68 and 69C to the CIT(A) for de novo adjudication due to lack of independent examination of facts. However, the grounds related to Section 14A were dismissed as the CIT(A)'s order was well-reasoned and no new evidence was presented by the Revenue.
The Tribunal upheld the CIT(A)'s decision, finding no reason to interfere as the Revenue could not distinguish the Supreme Court's decision relied upon by the CIT(A) and presented no new evidence. Consequently, the grounds related to the validity of the Section 148 notice and Section 147 assessment were dismissed.
The Tribunal dismissed the assessee's grounds challenging the assessment validity and addition on interest income. The Tribunal remanded the issue of disallowance under Section 36(1)(iii) to the CIT(A) for de novo adjudication.
The Tribunal dismissed the assessee's grounds challenging assessment validity and the addition of accrued interest. However, it upheld the deletion of capital losses on share sales, partly allowing the Revenue's appeal.
The Tribunal found the 8% profit estimation to be excessive and arbitrary, lacking rational basis. Considering comparable cases and the assessee's lack of complete records, the Tribunal directed the AO to estimate profit at 2% of the aggregate bank credits.
The Tribunal held that the reassessment proceedings were barred by limitation as the jurisdictional notice under Section 148 was issued after the expiry of the prescribed period. The issuance of a notice under Section 148A(b) does not confer jurisdiction.
The Tribunal considered the assessee's request to withdraw the appeal. As the assessee's grievance was resolved and the revenue had no objection, the appeal was permitted to be withdrawn.
The Tribunal held that CSR contributions are eligible for deduction under Section 80G, and foreign tax credit cannot be denied solely due to delayed filing of Form 67. The Revenue's grounds regarding Section 80JJAA deduction and classification of expenditure were dismissed.