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145 orders · Page 3 of 3
The Tribunal held that the reopening of assessment under Section 147/148 of the Act was invalid due to lack of proper recording of reasons and independent application of mind by the approving authority. Consequently, the penalty proceedings initiated under Section 271(1)(c) were deemed without jurisdiction and bad in law.
The Tribunal held that the reopening of assessment under Section 147/148 of the Act was invalid due to lack of proper recording of reasons and independent application of mind by the approving authority. Consequently, the penalty proceedings initiated under Section 271(1)(c) were deemed without jurisdiction and bad in law.
The Tribunal held that the reopening of assessment under Section 147/148 of the Act was invalid due to lack of proper recording of reasons and independent application of mind by the approving authority. Consequently, the penalty proceedings initiated under Section 271(1)(c) were deemed without jurisdiction and bad in law.
The Tribunal held that the reopening of assessment under Section 147/148 of the Act was invalid due to lack of proper recording of reasons and independent application of mind by the approving authority. Consequently, the penalty proceedings initiated under Section 271(1)(c) were deemed without jurisdiction and bad in law.
The Tribunal found that while the assessee provided explanations and evidence regarding cash withdrawals by family members, the entire amount could not be fully substantiated. Therefore, a partial disallowance was deemed appropriate to meet the ends of justice.
The Tribunal held that the penalty was unsustainable due to ambiguity in the Assessing Officer's mind regarding the initiation and conclusion of penalty proceedings. The notice issued did not specify which limb of Section 271(1)(c) was being invoked, and the penalty order covered both limbs.
The Tribunal held that the assessee had a reasonable cause for the delay in filing the e-TDS return due to the strict requirements of e-filing and system complications. Therefore, the penalty under section 272A(2)(k) was not leviable as per section 273B of the Act.
The Tribunal held that the AO's inconsistent approach in initiating penalty proceedings and the failure to clearly specify the limb of the offense in the show cause notices were fatal to the penalty levy. Relying on precedent, the Tribunal found the penalty unsustainable on technical grounds.
The Tribunal held that royalty payments were at arm's length, citing approvals from SIA/RBI and previous favorable decisions. It also upheld the DRP's decision on warranty provision, finding it based on scientific analysis. The disallowance of management fees was also decided in favor of the assessee based on prior rulings.
The Tribunal held that the provision for warranty was allowable as it was based on a scientific method and had been allowed in previous years. Regarding bad debts, the Tribunal found that the amounts written off were essentially discounts due to delayed delivery and were thus allowable.
The tribunal held that the CIT(A) was correct in allowing the assessee's claim. The AO's reclassification was based on a change of opinion without any new incriminating material or change in law, which is not permissible in reassessment proceedings.
The Tribunal held that penalty under section 271AAA is only leviable for 'specified previous years' as defined in the Act, which are limited to the year of search or a prior year where the return filing due date had not expired. Since the assessment years in question (2006-07 to 2010-11) were not 'specified previous years', the penalty was not attracted.
The Tribunal held that penalty under section 271AAA is only leviable for 'specified previous years' as defined in the Act, which are limited to the year of search or a prior year where the return filing due date had not expired. Since the assessment years in question (2006-07 to 2010-11) were not 'specified previous years', the penalty was not attracted.
The Tribunal held that the Assessing Officer violated principles of natural justice by concluding the remand proceedings and submitting a report before considering the assessee's final submissions. The appeals were restored to the CIT(A) for fresh adjudication.
The Tribunal held that the reopening of assessment under Section 147/148 of the Act was invalid due to lack of proper recording of reasons and independent application of mind by the approving authority. Consequently, the penalty proceedings initiated under Section 271(1)(c) were deemed without jurisdiction and bad in law.
The Tribunal admitted the additional grounds of appeal, holding that assessment orders passed in the name of a non-existent entity due to amalgamation are void ab initio. The Tribunal found that the assessee had duly informed the authorities about the merger, but they proceeded to pass orders in the name of the merged entity.
The Tribunal held that depreciation on vehicles registered in directors' names but used for business and funded by the company is allowable. It also ruled that cash payments recovered from customers and not debited to the P&L account are not hit by Section 40A(3). The disallowance on sales to a sister concern under Section 40A(2)(b) was also deleted.
The Tribunal found discrepancies in the survey numbers and land areas mentioned in the two development agreements. It also noted that the plea of double taxation due to prior assessment under Section 153A was raised for the first time.
The Tribunal held that 'Verification' and 'Validation' are part of software development and directed the inclusion of Thinksoft Global Services Ltd. as a comparable. It also directed the Assessing Officer to allow risk adjustment for differences in functional and risk profiles.
The Tribunal held that royalty payments were at arm's length, citing approvals from SIA/RBI and previous favorable decisions. It also upheld the DRP's decision on warranty provision, finding it based on scientific analysis. The disallowance of management fees was also decided in favor of the assessee based on prior rulings.
The Tribunal held that the reopening of assessment under Section 147/148 of the Act was invalid due to lack of proper recording of reasons and independent application of mind by the approving authority. Consequently, the penalty proceedings initiated under Section 271(1)(c) were deemed without jurisdiction and bad in law.
The Tribunal held that penalty under section 271AAA is only leviable for 'specified previous years' as defined in the Act, which are limited to the year of search or a prior year where the return filing due date had not expired. Since the assessment years in question (2006-07 to 2010-11) were not 'specified previous years', the penalty was not attracted.
The Tribunal held that penalty under section 271AAA is only leviable for 'specified previous years' as defined in the Act, which are limited to the year of search or a prior year where the return filing due date had not expired. Since the assessment years in question (2006-07 to 2010-11) were not 'specified previous years', the penalty was not attracted.
The Tribunal held that the reopening of assessment under Section 147/148 of the Act was invalid due to lack of proper recording of reasons and independent application of mind by the approving authority. Consequently, the penalty proceedings initiated under Section 271(1)(c) were deemed without jurisdiction and bad in law.
The Tribunal held that the reopening of assessment under Section 147/148 of the Act was invalid due to lack of proper recording of reasons and independent application of mind by the approving authority. Consequently, the penalty proceedings initiated under Section 271(1)(c) were deemed without jurisdiction and bad in law.
The Tribunal held that the reopening of assessment under Section 147/148 of the Act was invalid due to lack of proper recording of reasons and independent application of mind by the approving authority. Consequently, the penalty proceedings initiated under Section 271(1)(c) were deemed without jurisdiction and bad in law.
The Tribunal held that the provision for warranty was allowable as it was based on a scientific method and had been allowed in previous years. Regarding bad debts, the Tribunal found that the amounts written off were essentially discounts due to delayed delivery and were thus allowable.
The Tribunal held that the reopening of assessment under Section 147/148 of the Act was invalid due to lack of proper recording of reasons and independent application of mind by the approving authority. Consequently, the penalty proceedings initiated under Section 271(1)(c) were deemed without jurisdiction and bad in law.
The Tribunal held that the reopening of assessment under Section 147/148 of the Act was invalid due to lack of proper recording of reasons and independent application of mind by the approving authority. Consequently, the penalty proceedings initiated under Section 271(1)(c) were deemed without jurisdiction and bad in law.
The Tribunal held that the reopening of assessment under Section 147/148 of the Act was invalid due to lack of proper recording of reasons and independent application of mind by the approving authority. Consequently, the penalty proceedings initiated under Section 271(1)(c) were deemed without jurisdiction and bad in law.
The Tribunal held that the Assessing Officer violated principles of natural justice by concluding the remand proceedings and submitting a report before considering the assessee's final submissions. The appeals were restored to the CIT(A) for fresh adjudication.
The Tribunal held that depreciation on vehicles registered in directors' names but used for business and funded by the company is allowable. It also ruled that cash payments recovered from customers and not debited to the P&L account are not hit by Section 40A(3). The disallowance on sales to a sister concern under Section 40A(2)(b) was also deleted.
The Tribunal held that the AO's inconsistent approach in initiating penalty proceedings and the failure to clearly specify the limb of the offense in the show cause notices were fatal to the penalty levy. Relying on precedent, the Tribunal found the penalty unsustainable on technical grounds.
The Tribunal held that the AO's inconsistent approach in initiating penalty proceedings and the failure to clearly specify the limb of the offense in the show cause notices were fatal to the penalty levy. Relying on precedent, the Tribunal found the penalty unsustainable on technical grounds.
The Tribunal held that penalty under section 271AAA is only leviable for 'specified previous years' as defined in the Act, which are limited to the year of search or a prior year where the return filing due date had not expired. Since the assessment years in question (2006-07 to 2010-11) were not 'specified previous years', the penalty was not attracted.
The Tribunal held that since the revisional jurisdiction invoked by the CIT under section 263 was held to be bad in law in a previous order, subsequent proceedings arising from it are vitiated. Therefore, the present appeal filed by the Revenue is mis-conceived.
The Tribunal held that penalty cannot be levied on the difference in stock valuation as it arose from a difference in methodology and not concealment. Regarding debtors, the Tribunal found no evidence of bogus debtors or concealment, and the assessee had offered the amount as income.
The Tribunal held that several grounds related to economic adjustments, exclusion of comparables, and alternate methods for TP adjustment require fresh adjudication. Some grounds were dismissed as general or consequential.
The Tribunal upheld the CIT(A)'s decision to allow deduction under Section 54B and agricultural income, finding sufficient evidence. However, it disallowed the Section 54F deduction as it was not claimed in the original or revised return and was mistakenly claimed.
The tribunal granted the assessee's request to withdraw the appeal. The appeal was dismissed as having been withdrawn.
The Tribunal admitted additional grounds of appeal raised by the assessee, which pertained to the jurisdiction of the AO and the validity of reopening the assessment. The Tribunal also considered the interconnected issues of the taxability of land sale gains in the hands of the assessees.
The Tribunal admitted additional grounds of appeal raised by the assessee, which pertained to the jurisdiction of the AO and the validity of reopening the assessment. The Tribunal also considered the interconnected issues of the taxability of land sale gains in the hands of the assessees.
The Tribunal upheld the order of the CIT(A) which restricted the addition on account of peak bank balance. The assessee's appeal was dismissed as the Tribunal found no material to take a different view.
The Tribunal held that the payments were pure reimbursement of expenses with no profit element, and therefore, no TDS was required. The TPO had also accepted the international transactions as reimbursement of expenses at arm's length.
The Tribunal admitted additional grounds of appeal raised by the assessee, which pertained to the jurisdiction of the AO and the validity of reopening the assessment. The Tribunal also considered the interconnected issues of the taxability of land sale gains in the hands of the assessees.