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929 tribunal orders from the Surat bench in 2023.
Showing 40 of 929 orders. Use the months below for the rest.
The Tribunal held that the estimated expenditure for earning commission should be increased from 20% to 50% of the gross commission. It also held that the addition for the difference in interest income was a double addition and deleted it.
The Tribunal confirmed the order of the CIT(A), finding no infirmity. The assessee's appeal was dismissed as the assessee did not appear and did not provide sufficient cause for delay.
The Tribunal held that the delay of 2208 days was not sufficiently explained and that the assessee had not demonstrated a bona fide reason for the significant delay. Following Supreme Court precedents, the Tribunal declined to condone the delay.
The Tribunal condoned the delay in filing the appeal, citing the need for substantial justice over technical considerations and the Supreme Court's stance on condonation of delay. On merits, the Tribunal found that the assessee was not given a sufficient opportunity to present their case at the lower appellate level.
The tribunal held that the assessee was not given sufficient opportunity to present their case before the CIT(A). Therefore, the matter was restored to the CIT(A) for fresh adjudication after providing the assessee with an adequate opportunity to be heard.
The Tribunal held that the assessee had provided sufficient documentary evidence, including Form No. 16 and contract notes, which were not properly considered by the lower authorities. The additions were deleted as the evidence supported the assessee's claims.
The Tribunal held that the assessee had provided a plethora of documents and evidence to explain the source of cash deposits for the property purchases. The AO had not refuted or discredited these evidences, and therefore, the addition made was deleted.
The Tribunal held that the estimated expenditure for earning commission should be increased from 20% to 50% of the gross commission. It also held that the addition for the difference in interest income was a double addition and deleted it.
The Tribunal upheld the validity of the re-assessment proceedings and the addition made by the lower authorities. Since the assessee failed to provide any explanation or evidence regarding the unexplained credits in his bank account, the action of the lower authorities was accepted.
The Tribunal found that the CIT(A) did not consider the details and documents submitted by the assessee, violating principles of natural justice. The matter was restored to the CIT(A) for fresh adjudication.
The Tribunal upheld the CIT(A)'s decision, finding no independent evidence to support the 'on money' transaction. The Tribunal noted that the seized material did not relate to all units and that extrapolation of rates was not permissible without corroborative evidence.
The Tribunal held that the Assessing Officer had valid reasons to believe that income had escaped assessment due to bogus purchases, justifying the reopening of the assessment. The additions made by the Assessing Officer and confirmed by the CIT(A) were upheld.
The Tribunal found that the notice from NFAC was not served on the correct email address provided by the assessee. Considering the principle of natural justice and the substantial rights involved, the Tribunal decided to grant one more opportunity to the assessee.
The Tribunal held that the estimated expenditure for earning commission should be increased from 20% to 50% of the gross commission. It also held that the addition for the difference in interest income was a double addition and deleted it.
The Tribunal held that the Assessing Officer had valid reasons to believe that income had escaped assessment due to bogus purchases, justifying the reopening of the assessment. The additions made by the Assessing Officer and confirmed by the CIT(A) were upheld.
The Tribunal condoned the delay in filing the appeal. It was held that the CIT(A) order was passed without affording the assessee a proper opportunity to be heard, violating principles of natural justice.
The Tribunal held that the penalty notice issued by the Assessing Officer was defective as it did not specify whether the penalty was for concealment of income or furnishing inaccurate particulars. Therefore, the penalty was deleted on this technical ground.
The Tribunal held that the estimated expenditure for earning commission should be increased from 20% to 50% of the gross commission. It also held that the addition for the difference in interest income was a double addition and deleted it.
The Tribunal held that the Assessing Officer had valid reasons to believe that income had escaped assessment due to bogus purchases, justifying the reopening of the assessment. The additions made by the Assessing Officer and confirmed by the CIT(A) were upheld.
The Tribunal admitted the additional evidence, finding the assessee's reasons for not submitting it earlier to be acceptable. The matter was remitted back to the Assessing Officer for fresh adjudication after examining the evidence.
The Tribunal held that the estimated expenditure for earning commission should be increased from 20% to 50% of the gross commission. It also held that the addition for the difference in interest income was a double addition and deleted it.
The Tribunal noted that the assessee had declared income exceeding 5% of the cash credit entries. Following a precedent where 5% of bank deposits were considered a reasonable addition, the Tribunal directed that no further addition should be made as the declared income already met this threshold.
The Tribunal held that no disallowance can be made for a deduction not claimed by the assessee. For the PF/ESIC contribution issue, the Tribunal dismissed the appeal, following the Supreme Court's decision in Checkmate Services Pvt. Ltd., but directed that similar relief be granted if the jurisdictional High Court rules in favor of the assessee in a pending case.
The Tribunal condoned the delay in filing the appeals, considering the principle of natural justice. The matters were restored to the Assessing Officer for fresh examination after providing the assessee a reasonable opportunity of being heard.
The Tribunal condoned a minor delay in filing the appeal. However, on merits, since the assessee failed to provide any evidence or submissions to substantiate the agricultural income or the claim for depreciation, the Tribunal found no justification to interfere with the lower authorities' orders.
The Tribunal found that the SVNIT report supported the assessee's consumption and production figures, and the sales were not disputed. While acknowledging retracted employee statements about inflated purchases, the Tribunal reduced the addition to 9% gross profit, considering the assessee's declared GP and the fact that only profit embedded in bogus purchases should be taxed.
The Tribunal condoned the delay in filing the appeal in the interest of justice. The appeal was then admitted for hearing on its merits.
The Tribunal found that the SVNIT report supported the assessee's consumption and production figures, and the sales were not disputed. While acknowledging retracted employee statements about inflated purchases, the Tribunal reduced the addition to 9% gross profit, considering the assessee's declared GP and the fact that only profit embedded in bogus purchases should be taxed.
The Tribunal condoned the delay in filing the appeals, considering the principle of natural justice. The matters were restored to the Assessing Officer for fresh examination after providing the assessee a reasonable opportunity of being heard.
The Tribunal condoned the delay in filing the appeals, considering the principle of natural justice. The matters were restored to the Assessing Officer for fresh examination after providing the assessee a reasonable opportunity of being heard.
The Tribunal dismissed the appeal, noting that the issue was covered against the assessee by the Supreme Court's decision in Checkmate Services Pvt. Ltd. However, it directed that if the constitutional validity of the relevant sections is challenged successfully by another assessee, the current assessee should be granted similar relief.
The Tribunal condoned the delay in filing the appeals. For AY 2011-12, the reopening was held invalid, and the additions were deleted. For AY 2012-13, issues related to share capital and foreign travel expenses were restored to the Assessing Officer for fresh adjudication.
The Tribunal held that additions under Section 153C must be based on incriminating material found during a search. It also allowed exemption under Section 54B for the assessee after finding that the conditions for claiming it were satisfied, including the use of agricultural land for agricultural purposes and regular declaration of agricultural income.
The Tribunal held that additions under Section 153C must be based on incriminating material found during a search. It also allowed exemption under Section 54B for the assessee after finding that the conditions for claiming it were satisfied, including the use of agricultural land for agricultural purposes and regular declaration of agricultural income.
The Tribunal condoned the delay in filing the appeals. For AY 2011-12, the reopening was held invalid, and the additions were deleted. For AY 2012-13, issues related to share capital and foreign travel expenses were restored to the Assessing Officer for fresh adjudication.
The Tribunal held that the reopening of assessment under Section 147 and the issuance of notice under Section 148 were invalid. This was due to the lack of proper satisfaction, approval from a competent authority, and the notice being issued by a non-jurisdictional officer.
The Tribunal condoned the delay in filing Form 10B, noting that the report was available before the assessment order and there was no mala fide intention. The issue was remitted back to the Assessing Officer for fresh adjudication.
The Tribunal upheld the CIT(A)'s decision to reduce the addition, finding that the AO had extrapolated the 'on-money' to all units without sufficient evidence. The Tribunal also directed that the addition should be taxed under normal provisions, not Section 115BBE.
The Tribunal upheld the CIT(A)'s decision that the Rs. 1,95,00,000/- should be taxed as business income, not under Section 115BBE. It also confirmed the allowance of deduction under Section 35AD as the assessee met the conditions, including having more than 100 beds and filing a revised return.
The Tribunal upheld the CIT(A)'s decision, finding that the CIT(A) correctly restricted the addition on purchases and rightly deleted the addition on cash deposits, as the assessee had sufficiently substantiated its claim through PMGKY disclosure and evidence of cash on hand.