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The ITAT found that the Assessing Officer failed to establish any specific infirmity in the assessee’s business expenditure before making a 10% ad hoc disallowance. The Tribunal therefore upheld the CIT(A)’s order deleting the addition.
The Tribunal held that only the profit element embedded in the disputed purchases could be taxed and affirmed a 2% estimation based on binding precedents in the assessee’s own earlier assessment years. The Revenue’s challenge to the reduced rate was rejected.
The Tribunal ruled that application software purchased independently from computer hardware is still covered under the specific depreciation entry for computer software. The Assessing Officer was directed to allow depreciation at 60% instead of 25%.
The Tribunal ruled that although CSR expenditure is not allowable under Section 37, eligible donations made to recognised institutions can still qualify for deduction under Section 80G. The assessee’s claim was allowed for eligible donations.
The Tribunal held that penalty under Section 271D could not be levied because the Assessing Officer failed to record satisfaction for initiating such proceedings in the assessment order. The penalty was cancelled following the Supreme Court’s ruling.
The Tribunal held that documentary evidence established the genuineness of the share transactions and the Revenue failed to connect the assessee with any price manipulation. The addition under Section 68 was deleted.
The Tribunal held that the Commissioner (Appeals) deleted the addition without examining whether the source of the assessee’s cash payments had been explained. The matter was remanded for fresh adjudication.
The Tribunal held that a 25% ad hoc disallowance of agricultural expenses was unjustified since the assessee furnished bills, vouchers, bank statements, and detailed expense records. It directed deletion of the entire disallowance.
The Gujarat High Court upheld the ITAT’s decision restricting the addition on alleged bogus purchases to 6% instead of sustaining a 100% disallowance. It held that the appellate authorities rightly taxed only the income component embedded in the disputed transactions.
The ITAT held that the assessment was invalid because it was completed by an Assistant Commissioner who lacked pecuniary jurisdiction under CBDT Instruction No. 1/2011. The assessment order was set aside.