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370 tribunal orders from the Indore bench in 2018.
Showing 40 of 370 orders. Use the months below for the rest.
The Tribunal held that the disallowance was not justified as the director had been consistently paid remuneration in the past, possessed relevant qualifications and experience, and the Assessing Officer had himself allowed 50% of the remuneration. The Tribunal found no material on record to prove the payment was unfair or unreasonable.
The Tribunal held that the IOC norms for evaporation are guidelines, not mandatory standards, and the claimed shortage was not excessively high to question the genuineness of the books. The AO should have accepted the audited book results supported by quantitative details.
The Tribunal held that the cash credits were explained as advances for plot bookings, as sale deeds were registered in the names of the parties. For the disallowed cash expenditure, the Tribunal found that while some vouchers were produced, a 10% disallowance was justified.
The Tribunal held that the forfeiture of earnest money was a business loss incurred in the course of business operations, not a capital expenditure. The amount was deposited for the purpose of securing a business contract to earn profit.
The Tribunal held that the tax effect in the case was below Rs. 20 lakhs, as per CBDT instructions. Therefore, the revenue should not have pressed the appeal. The appeals filed by the revenue were dismissed as not maintainable.
The Tribunal held that the tax effect in the case was below Rs. 20 lakhs, as per CBDT instructions. Therefore, the revenue should not have pressed the appeal. The appeals filed by the revenue were dismissed as not maintainable.
The Tribunal held that Section 40A(3) disallowance applies only when an expenditure is incurred. Since the payment was for a capital asset and not claimed as expenditure, the disallowance was deleted.
The Tribunal held that the stamp valuation on the date of the agreement to sale, not the sale deed, was relevant for Section 50C. It also directed the deletion of additions for unexplained investment and cash deposits, finding that the source of funds was sufficiently explained or not properly verified by the AO.
The Tribunal held that the penalty notice issued under Section 274 read with Section 271(1)(c) was defective as it did not specify the limb of the section under which the penalty was being imposed. This failure to specify the charge rendered the penalty proceedings invalid.
The Tribunal held that the stamp valuation on the date of the agreement to sale, not the sale deed, was relevant for Section 50C. It also directed the deletion of additions for unexplained investment and cash deposits, finding that the source of funds was sufficiently explained or not properly verified by the AO.
The Tribunal upheld the deletion of the addition made by the AO, agreeing with the CIT(A) that the assessee had satisfactorily explained the differences in purchases. The Tribunal found no reason to interfere with the CIT(A)'s finding.
The Tribunal upheld the CIT(A)'s decision regarding the foreign exchange loss, finding it allowable as per Supreme Court judgments. The appeal by the Revenue was dismissed on this ground.
The Tribunal, following its own earlier decisions, restored the issue to the Assessing Officer. The AO was directed to allow depreciation on the disallowed portion of the expenditure as per law.
The Tribunal upheld the CIT(A)'s decision to restrict additions related to sundry creditors, finding that the AO had made errors in assessment and that the CIT(A) had correctly analyzed the facts and evidence. The Tribunal also dismissed grounds related to the admission of additional evidence and estimated profit.
The Tribunal upheld the CIT(A)'s decision to restrict additions related to sundry creditors, finding that the AO had made errors in assessment and that the CIT(A) had correctly analyzed the facts and evidence. The Tribunal also dismissed grounds related to the admission of additional evidence and estimated profit.
The Tribunal held that the notice initiating penalty proceedings under Section 271(1)(c) was invalid because it did not specify whether the penalty was for concealment of income or furnishing inaccurate particulars of income. This violated the principles of natural justice.
The Tribunal held that the Assessing Officer's allowance of expenses and set-off of loss against surrendered income, without demonstrating a link to business receipts, was erroneous and prejudicial to the revenue. Consequently, the assessee's grounds of appeal were dismissed.
The Tribunal held that the initiation of proceedings under Section 153C was invalid because the AO of the searched person did not record the necessary satisfaction. This lack of satisfaction is a mandatory prerequisite for invoking Section 153C.
The Tribunal upheld the CIT(A)'s decision, finding that the AO was not justified in making the assessment under Section 154. The assessee regularly followed the mercantile system of accounting, and the tax audit report's mention of cash system was an inadvertent error.
The Tribunal held that since the payees had disclosed the interest income in their respective income tax returns and paid tax thereon, no disallowance was warranted under Section 40(a)(ia). The amendment to Section 40(a)(ia) was considered declaratory and curative, with retrospective effect.
The Tribunal, in the interest of justice and considering the assessee's request unopposed by the revenue, set aside the CIT(A)'s order. The matters were restored to the Assessing Officer for denovo adjudication after verifying the assessee's contentions and conducting necessary investigations.
The tribunal held that an appeal requires not just filing but also diligent prosecution. Since the assessee was not interested in pursuing the appeal, it could not be kept pending indefinitely.
The Tribunal set aside the order of the CIT(A) and restored the matter to the Assessing Officer for de novo adjudication. This was done due to the ex-parte nature of the CIT(A)'s order and the pendency of a similar issue in the assessee's brother's case.
The Tribunal found merit in the assessee's contentions, particularly regarding the nature of the transaction as a sale of capital asset rather than business. The Assessing Officer was directed to conduct a de-novo assessment after proper inquiry.
The Tribunal held that the addition was not called for as the assessee had pointed out that the transactions were duly recorded in the cash book with narration. The Revenue did not place any adverse material to suggest the entries were incorrect.
The Tribunal held that the CIT(A) passed an ex-parte order without providing a reasonable opportunity to the assessee. The order was not decided on merits, which is not justifiable.
The Tribunal found that the impugned order was passed ex-parte due to the assessee's absence, and the reasons provided were credible. The Tribunal set aside the CIT(A)'s order and remanded the case back for a decision on merits after providing a proper opportunity of hearing.
The ITAT found that the CIT(A) had passed an ex-parte order without considering the merits of the case and without giving the assessee a reasonable opportunity of being heard. The ITAT set aside the order of the CIT(A).
The Tribunal held that the CIT(A) passed an ex-parte order without giving the assessee a proper and effective opportunity of being heard. The order was not passed on merits, which is not justifiable.
The Tribunal noted that the authorities below had not considered the claim for deduction under Section 54. Therefore, the matter was set aside and restored to the Assessing Officer for reconsideration.
The ITAT condoned the delay, finding the reason for delay to be reasonable. The Tribunal held that the assessee was not given a proper opportunity of being heard by the lower appellate authority and that the order was passed ex-parte without considering the merits.
The Tribunal held that the withdrawal of registration under Section 12AA and rejection of application under Section 80G were justified. The trust failed to demonstrate that its activities were genuinely charitable for the public at large, instead favoring a limited social group based on recommendations.