M/S. IDEA CELLULAR LIMITED,INDORE vs. THE DCIT (TDS), INDORE

Appeals are allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 194J of the Act is not attracted in the case of "revenue sharing contract". According to Respondent No.1, in such contracts there is only sharing of revenue and, therefore, payments by revenue sharing cannot constitute "fees" under Section 194J of the Act. This submission is not accepted by the Department. We leave it there because this submission

M/S. IDEA CELLULAR LIMITED,INDORE vs. THE CIT (TDS), BHOPAL

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Vodafone Idea Ltd. Cit (Tds), बनाम/ (Formerly M/S Idea Bhopal Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent) M/S Vodafone Idea Ltd. Dcit/Jcit (Tds), बनाम/ (Formerly M/S Idea Indore Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent)

TDS was deductible by M/s. Bharti Cellular Limited when it paid interconnect charges/access/port charges to BSNL? For that purpose, we are required to examine the meaning of the words "fees for technical services" under Section 194J read with clause (b) of the Explanation to Section 194J of the Income Tax Act, 1961, [`Act', for short] which, inter alia, states that

IDEA CELLULAR LIMITED,INDORE vs. DCIT TDS, INDORE

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Vodafone Idea Ltd. Cit (Tds), बनाम/ (Formerly M/S Idea Bhopal Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent) M/S Vodafone Idea Ltd. Dcit/Jcit (Tds), बनाम/ (Formerly M/S Idea Indore Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent)

TDS was deductible by M/s. Bharti Cellular Limited when it paid interconnect charges/access/port charges to BSNL? For that purpose, we are required to examine the meaning of the words "fees for technical services" under Section 194J read with clause (b) of the Explanation to Section 194J of the Income Tax Act, 1961, [`Act', for short] which, inter alia, states that

PRAHLAD DAS GOYAL,BHOPAL vs. DCIT - 1(1) BHOPAL, BHOPAL

Appeal is partly allowed

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year:2016-17 Prahlad Das Goyal, Dcit/Acit 1(1) 18, Shyamla Hills, Bhopal बनाम/ Bhopal Vs. (Assessee/Appellant) (Revenue/Respondent) Pan: Abbpg3494L Assessee By Shri S.S. Deshpande, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 31.07.2025 Date Of Pronouncement 04.08.2025

TDS. Therefore, the first contention raised by Ld. AR is meritless and rejected. (ii) The second contention raised by Ld. AR is such that the impugned land remained unsold in current year and the assessee credited cost of same to Trading A/c by way of “closing stock”. Therefore, the debit entry of “purchase” is nullified by credit entry of “closing

THE ACIT CENTRAL-3, INDORE vs. JARNALBEER SINGH BHATIA, KHANDWA

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniit(Ss)A Nos.19 To 23/Ind/2023 & Ita No.226/Ind/2023 Ays : 2013-14 To 2018-19 Jarnalbeer Singh Bhatia, Dcit/Acit, बनाम/ Bhatia Transport (Central)-3, Vs. Services, Indore. Old Indore Lines, Pandhana Road, Khandwa (Pan: Aixpb4565C) (Assessee/Appellant) (Revenue/Respondent)

TDS on such expenses and has failed to do so? b) Without prejudice to the above, additional evidence was admitted without giving adequate opportunity to the AO? c) Without prejudice to the above, there is non-compliance of section 194C(7) of the Income-tax Act, 1961, by the assessee since the assessee failed to furnish, to the prescribed income

JARNALBEER SINGH BHATIA,KHANDWA vs. THE ACIT CENTRAL-3, INDORE

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniit(Ss)A Nos.19 To 23/Ind/2023 & Ita No.226/Ind/2023 Ays : 2013-14 To 2018-19 Jarnalbeer Singh Bhatia, Dcit/Acit, बनाम/ Bhatia Transport (Central)-3, Vs. Services, Indore. Old Indore Lines, Pandhana Road, Khandwa (Pan: Aixpb4565C) (Assessee/Appellant) (Revenue/Respondent)

TDS on such expenses and has failed to do so? b) Without prejudice to the above, additional evidence was admitted without giving adequate opportunity to the AO? c) Without prejudice to the above, there is non-compliance of section 194C(7) of the Income-tax Act, 1961, by the assessee since the assessee failed to furnish, to the prescribed income

M/S LIFE CARE INTERNATIONAL,INDORE vs. ACIT-3,(1) , INDORE, INDORE

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing

191 ---do--- 1.4 Copy of audited balance sheet of the loan creditor 192-201 ---do--- as on 31.03.2011 1.5 Copy of ITR V generated online on submission of 202 ---do--- ITR-6 on 05-11-2011 vide Ack No 312512891021111 by the lender company 1.6 Abstract of the master of the lender company as 203-204 ---do--- downloaded from

M/S LIFE CARE INTERNATIONAL,INDORE vs. ACIT-3,(1) , INDORE, INDORE

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing

191 ---do--- 1.4 Copy of audited balance sheet of the loan creditor 192-201 ---do--- as on 31.03.2011 1.5 Copy of ITR V generated online on submission of 202 ---do--- ITR-6 on 05-11-2011 vide Ack No 312512891021111 by the lender company 1.6 Abstract of the master of the lender company as 203-204 ---do--- downloaded from

M/S LIFE CARE INTERNATIONAL,INDORE vs. JCIT-3, INDORE, INDORE

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing

191 ---do--- 1.4 Copy of audited balance sheet of the loan creditor 192-201 ---do--- as on 31.03.2011 1.5 Copy of ITR V generated online on submission of 202 ---do--- ITR-6 on 05-11-2011 vide Ack No 312512891021111 by the lender company 1.6 Abstract of the master of the lender company as 203-204 ---do--- downloaded from

DR DESHMUKH MOTHER AND CHILD CARE ,UJJAIN vs. PCIT-1, INDORE

Bench: Ms. Suchitra R Kamble & Shri B.M. Biyaniassessment Year: 2017-18 Dr. Deshmukh Mother & Pr. Cit-I, Child Care, Indore बनाम/ 27, Nirman Nagar, Vs. Ujjain (Appellant / Assessee) (Respondent / Revenue) Pan: Aahfd3407H Assessee By Ms. Ruchira Negi, Ar Revenue By Shri P.K. Mishra, Cit Dr Date Of Hearing 22.03.2023 Date Of Pronouncement 15.06.2023

Section 44AA read with Rule 6F have been maintained or not?; (c) various crucial issues such as capital contribution by partners, sundry creditors and provisions of Rs. 62,87,322/-, unsecured loans of Rs. 19,90,000/-, addition to fixed assets of Rs. 61,09,191/-, etc. have not been verified by AO. Further, no details/documents in respect of addition

THED CIT ,CENTRAL-1, BHOPAL vs. M/S DILIP BUILDCON LTD, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

191 for agreement, I the event that any of the at internal Concessionaire defaults specified below shall have page 117 of default occurred, and the concessionaire fails the to cure the default within the cure agreement period set forth below, or where no cure period is specified, then within a cure period of 60(sixty) days, the concessionaire shall

DILIP BUILDCON LTD.,BHOPAL vs. DCIT (CENTRAL)-1, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

191 for agreement, I the event that any of the at internal Concessionaire defaults specified below shall have page 117 of default occurred, and the concessionaire fails the to cure the default within the cure agreement period set forth below, or where no cure period is specified, then within a cure period of 60(sixty) days, the concessionaire shall

DILIP BUILDCON LTD.,BHOPAL vs. DCIT (CENTRAL)-1, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

191 for agreement, I the event that any of the at internal Concessionaire defaults specified below shall have page 117 of default occurred, and the concessionaire fails the to cure the default within the cure agreement period set forth below, or where no cure period is specified, then within a cure period of 60(sixty) days, the concessionaire shall

DILIP BUILDCON LIMITED,BHOPAL vs. DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL)-1, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

191 for agreement, I the event that any of the at internal Concessionaire defaults specified below shall have page 117 of default occurred, and the concessionaire fails the to cure the default within the cure agreement period set forth below, or where no cure period is specified, then within a cure period of 60(sixty) days, the concessionaire shall

DCIT (CENTRAL)-1, BHOPAL vs. DILIP BUILDCON LTD., BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

191 for agreement, I the event that any of the at internal Concessionaire defaults specified below shall have page 117 of default occurred, and the concessionaire fails the to cure the default within the cure agreement period set forth below, or where no cure period is specified, then within a cure period of 60(sixty) days, the concessionaire shall

DCIT (CENTRAL)-1, BHOPAL vs. DILIP BUILDCON LTD., BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

191 for agreement, I the event that any of the at internal Concessionaire defaults specified below shall have page 117 of default occurred, and the concessionaire fails the to cure the default within the cure agreement period set forth below, or where no cure period is specified, then within a cure period of 60(sixty) days, the concessionaire shall

DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL)-1, BHOPAL vs. DILIP BUILDCON LIMITED, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

191 for agreement, I the event that any of the at internal Concessionaire defaults specified below shall have page 117 of default occurred, and the concessionaire fails the to cure the default within the cure agreement period set forth below, or where no cure period is specified, then within a cure period of 60(sixty) days, the concessionaire shall

SHRI DILIP BUILDCON LTD,BHOPAL vs. DCIT CENTRAL -1, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

191 for agreement, I the event that any of the at internal Concessionaire defaults specified below shall have page 117 of default occurred, and the concessionaire fails the to cure the default within the cure agreement period set forth below, or where no cure period is specified, then within a cure period of 60(sixty) days, the concessionaire shall