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171 orders · Page 2 of 4
The Tribunal held that the assessee failed to discharge the onus under Section 68 by not proving the identity, capacity, and genuineness of the creditors. Merely using banking channels for the transaction was insufficient.
The Tribunal held that the ends of justice would be met by setting aside the ex parte order. The matter was restored to the file of the CIT(A) for a fresh decision after providing a reasonable opportunity of hearing to the assessee.
The Tribunal deleted the disallowance under Rule 8D(2)(ii) as the assessee had sufficient interest-free own funds. For the disallowance under Rule 8D(2)(iii), an ad-hoc disallowance of Rs. 10,000 was considered appropriate.
The Tribunal held that the ends of justice would be met by setting aside the impugned order. The matter was restored to the file of the CIT(A) for a fresh decision.
The Tribunal held that the CIT(A) passed the order ex parte without providing a proper opportunity of hearing to the assessee. Therefore, the impugned order was set aside.
The Tribunal noted a discrepancy in the plot area between the assessment order and the sanctioned plan. It set aside the impugned order and restored the matter to the AO for a fresh decision.
The Tribunal held that the appeal was not pressed/withdrawn in contravention of the CBDT circular. The Revenue was granted liberty to re-institute the appeal if exceptions applied.
The Tribunal upheld the CIT(A)'s decision, following its own prior rulings in the assessee's case for earlier assessment years. The grounds of appeal raised by the Revenue were dismissed.
The Tribunal held that the AO erred by considering only cash deposits and ignoring cash withdrawals. It found that the peak balance in the account, when viewed in light of the accepted agricultural income, indicated that the deposits were out of agricultural income.
The Tribunal held that the provisos to Section 50C(1) should be applied retrospectively, meaning the stamp duty value should be considered as of the date of the MOU, not the later sale agreement. The matter was remitted to the AO for recalculation based on the MOU date's stamp value.
The Tribunal held that since the assessee claimed to have now collected evidence for purchases, sales, and expenses, the matter should be restored to the Assessing Officer for fresh assessment.
The Tribunal held that the ends of justice would be met by setting aside the ex-parte orders. The matter was restored to the file of the CIT(A) for a fresh decision after granting a reasonable opportunity of being heard to the assessee.
The Tribunal held that the reassessment proceedings were initiated by an Assessing Officer who lacked jurisdiction over the assessee. Consequently, the order passed under Section 143(3) r.w.s. 147 of the Act was deemed invalid.
The Tribunal held that the penalty notice was invalid because it did not specify whether the penalty was for concealment of income or for furnishing inaccurate particulars. Following the jurisdictional High Court's decision, the Tribunal directed the deletion of the penalty.
The learned counsel for the assessee informed the Tribunal that they did not wish to press the appeal. Consequently, the Tribunal dismissed the appeal as not pressed.
The Tribunal held that the AO's remand report accepted the genuineness of the sources for the Rs. 2,50,000/- investment. Therefore, the addition sustained by the CIT(A) was incorrect.
The Tribunal held that once the existence of agricultural income was established and only the assessee claimed credit for it, the authorities below should have accepted the explanation. The addition made by the AO was therefore deleted.
The Tribunal held that the payment to Grace Trans Tech was made through bank and cash entries, not solely cash. The recipient had filed its income tax return and included the receipts as business income, thus proving its taxability.
The Tribunal, considering the assessee's right to appeal and the reasons for non-attendance, granted an opportunity for a fresh adjudication. The issues were remanded to the Assessing Officer for a reasonable opportunity of being heard.
The Tribunal held that the assessee has a statutory right to appeal and should be granted an opportunity to be heard. The case was remanded to the CIT(A) for fresh adjudication.
The Tribunal acknowledged the assessee's right to appeal and the reasons for non-attendance. It was decided that the assessee should be granted an opportunity to be heard.
The Tribunal held that the assessee should be granted an opportunity to be heard, considering the statutory right to appeal and the assessee's seriousness in pursuing the matter. The issues were remanded to the CIT(A) for fresh adjudication.
The Tribunal held that the assessee has a statutory right to appeal and should be granted an opportunity to be heard. The issues were remanded to the CIT(A) for fresh adjudication.
The Tribunal found that the CIT(A) had passed the order ex-parte without giving the assessee a proper opportunity of hearing. Therefore, the impugned order was set-aside.
The Tribunal held that the assessee was not given a proper opportunity of hearing by the lower authorities. Therefore, the impugned order was set aside and the matter was restored to the AO for fresh assessment.
The Tribunal held that the ends of justice would be met by setting aside the ex-parte orders. The matter was restored to the file of the CIT(A) for a fresh decision after granting a reasonable opportunity of being heard to the assessee.
The Tribunal held that the CIT(A) passed the order ex-parte without giving proper opportunity of hearing to the assessee. Therefore, the impugned order was set-aside and the matter was restored to the file of the CIT(A).
The Tribunal held that the entire disallowance of interest was not justified, especially since the partner's property was used by the firm. The matter was restored to the AO to decide afresh, considering a formula used in a subsequent assessment year.
The Tribunal held that additions made by the AO beyond the scope of limited scrutiny, without obtaining approval from superior authorities, are unsustainable in law. The assessment order was deemed bad in law due to procedural irregularities.
The Tribunal acknowledged the assessee's right to appeal and the reasons for non-attendance. It was decided that an opportunity should be granted to the assessee for a fresh adjudication.
The Tribunal held that cash payments made as a conduit for distributing rate difference/commission on behalf of the consignor do not attract Section 40A(3). It also held that the minor delay in filing Form 15G was condoned, and thus disallowance under Section 40(a)(ia) was not warranted.
The Tribunal held that the addition should be sustained at 10% of alleged hawala purchases over and above the normal Gross Profit (GP) rate. Since the AO's addition was less than this prescribed rate, no further interference was warranted.
The Tribunal allowed the assessee to withdraw the appeal. The appeal was dismissed as withdrawn due to the rectification order by the TPO.
The Tribunal held that the addition should be sustained at 10% of alleged hawala purchases over and above the normal Gross Profit (GP) rate. Since the AO's addition was less than this prescribed rate, no further interference was warranted.
The Tribunal upheld the CIT(A)'s decision, finding that the administrative service charges were supported by an agreement and that the provision for warranty expenses was reasonable and based on past experience. The Revenue's appeal was dismissed.
The Tribunal found that several issues were not adequately discussed in the assessment order and that the assessee's claims regarding bank loans and sons' contributions were not fully substantiated. Therefore, the matter was restored to the AO for fresh adjudication.
The Tribunal condoned the delay in filing the appeal. It was held that the AO did not provide a proper opportunity of hearing, and thus the impugned order was set-aside.
The Tribunal held that despite the unregistered gift deed, the assessee was entitled to the Section 54F exemption. This was based on evidence showing construction permission, agreement, payments, and completion certificates were all in the assessee's and his brother's names.
The Tribunal held that since the assessee claimed to have now collected evidence for purchases, sales, and expenses, the matter should be restored to the Assessing Officer for fresh assessment.
The Tribunal held that the provisos to Section 50C(1) should be applied retrospectively, meaning the stamp duty value should be considered as of the date of the MOU, not the later sale agreement. The matter was remitted to the AO for recalculation based on the MOU date's stamp value.
The Tribunal held that the provisos to Section 50C(1) should be applied retrospectively, meaning the stamp duty value should be considered as of the date of the MOU, not the later sale agreement. The matter was remitted to the AO for recalculation based on the MOU date's stamp value.
The Tribunal held that since the assessee claimed to have now collected evidence for purchases, sales, and expenses, the matter should be restored to the Assessing Officer for fresh assessment.
The Tribunal held that the provisos to Section 50C(1) should be applied retrospectively, meaning the stamp duty value should be considered as of the date of the MOU, not the later sale agreement. The matter was remitted to the AO for recalculation based on the MOU date's stamp value.
The Tribunal allowed the grounds related to commission disallowance due to the revenue's failure to prove excessiveness or unreasonableness. It also allowed the Section 14A disallowance for statistical purposes, directing the AO to reconsider. The ground regarding interest on unsecured loans was dismissed as not pressed.
The Tribunal found the reasons for the ex parte assessment to be satisfactory and decided to set aside the impugned order. The matter was restored to the Assessing Officer for a fresh assessment after providing the assessee with a reasonable opportunity of being heard.
The Tribunal condoned the delay, finding the assessee's reasons for the delay to be satisfactory. The matter was restored to the CIT(A) for disposal on merits.
The Tribunal held that the 'right to collect toll' is an intangible asset and the assessee is eligible to claim depreciation on it. This decision was consistent with previous tribunal rulings on similar matters.
The Tribunal held that the matter needs to be remanded to the CIT(A) for a fresh examination of the facts. This is to ascertain the nature of transactions, the make-believe nature of paperwork, camouflage of bogus nature, and the relevance of human probabilities, considering the submissions of the assessee that the cited judgments are distinguishable on facts.
The Tribunal held that the matter needs to be remanded to the CIT(A) for a fresh examination of the facts. This is to ascertain the nature of transactions, the make-believe nature of paperwork, camouflage of bogus nature, and the relevance of human probabilities, considering the submissions of the assessee that the cited judgments are distinguishable on facts.
The Tribunal held that the matter needs to be remanded to the CIT(A) for a fresh examination of the facts. This is to ascertain the nature of transactions, the make-believe nature of paperwork, camouflage of bogus nature, and the relevance of human probabilities, considering the submissions of the assessee that the cited judgments are distinguishable on facts.