THE ACIT, CIRCLE 2(1), INDORE vs. M/S SURYA INFRA VENTURE PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

TDS on several other payments made during the year and consequently, no disallowance was called for under Section 40(a)(ia) of the Act. 9.1 We further find that the Co-ordinate Bench in the case of the assessee itself for the A.Y. 2009-10 vide order dated 10.11.2014 approved the net profit rate of 5% in the business carried

THE AIT,ENTRAL-1, INDORE vs. SURYA INFRAVENTURE P LTD, INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

TDS on several other payments made during the year and consequently, no disallowance was called for under Section 40(a)(ia) of the Act. 9.1 We further find that the Co-ordinate Bench in the case of the assessee itself for the A.Y. 2009-10 vide order dated 10.11.2014 approved the net profit rate of 5% in the business carried

THE ACIT, CENTRAL-1, INDORE vs. M/S SURYA INFRA VENTURE PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

TDS on several other payments made during the year and consequently, no disallowance was called for under Section 40(a)(ia) of the Act. 9.1 We further find that the Co-ordinate Bench in the case of the assessee itself for the A.Y. 2009-10 vide order dated 10.11.2014 approved the net profit rate of 5% in the business carried

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)

226 & 228/Ind/2023- AY 2013-14 to 2018-19 amounting to Rs. 1,93,63,082/- u/s 40(a)(ia) of Income-tax Act, 1961, for non- deduction of TDS on freight expenses by assessee, ignoring that : a) The assessee was liable to deduct TDS on such expenses and has failed to do so ? b) Without prejudice to the above, additional

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)

226 & 228/Ind/2023- AY 2013-14 to 2018-19 amounting to Rs. 1,93,63,082/- u/s 40(a)(ia) of Income-tax Act, 1961, for non- deduction of TDS on freight expenses by assessee, ignoring that : a) The assessee was liable to deduct TDS on such expenses and has failed to do so ? b) Without prejudice to the above, additional

M/S. BHARTI AIRTEL LIMITED,INDORE vs. THE CIT- (TDS), BHOPAL

In the result, this appeal of assessee is allowed

Bench: Ms. Madhumita Roy & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2010-11 M/S Bharti Airtel Limited Cit-(Tds) बनाम Indore Bhopal (Appellant / Assessee) (Respondent/ Revenue) /Vs. Pan: Bplb1146F Assessee By Shri Sumit Nema, Sr. Adv. & Shri Gagan Tiwari, Ars Revenue By Shri P.K. Mitra, Cit-Dr Date Of Hearing 04.08.2022 Date Of Pronouncement 14.09.2022 आदेश / / O R D E R O R D E R / / O R D E R O R D E R

section 263 by saying that the Ld. AO has not examined the issue of TDS out of roaming charges? (ii) Ld. AR submitted that the Assistant Commissioner of Income-tax, TDS- Circle, Indore conducted enquiries in the matter of TDS out of impugned roaming-charges paid by assessee, which is very much evident from the following documents placed at Page

THE ADDL. CIT RANGE -1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

TDS, obtaining of PAN of the Payee- transporter alone is sufficient and no further confirmation letters were required. It was also held that sections 194C(6) of the Act and Section 194C(7) of the Act are independent of each other, and cannot be read together to attract disallowance u/s 40(a)(ia) read with Section 194C

THE ACIT ,CENTRAL-1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

TDS, obtaining of PAN of the Payee- transporter alone is sufficient and no further confirmation letters were required. It was also held that sections 194C(6) of the Act and Section 194C(7) of the Act are independent of each other, and cannot be read together to attract disallowance u/s 40(a)(ia) read with Section 194C

THE ACIT,CENTRAL-1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

TDS, obtaining of PAN of the Payee- transporter alone is sufficient and no further confirmation letters were required. It was also held that sections 194C(6) of the Act and Section 194C(7) of the Act are independent of each other, and cannot be read together to attract disallowance u/s 40(a)(ia) read with Section 194C

ACIT 2 (1), UJJAIN vs. M/S PHALODI CONSTRUCTION COMPANY NERSIGARH, NERSIGARH

In the result, appeal of the revenue stands dismissed

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year: 2007-08 Acit-2(1) M/S. Phaloudi Construction बनाम/ Company, Nersingarh Ujjain Vs. Rajgarh (Revenue) (Respondent) Pan: Aaffp9523Q Revenue By Shri V.J. Boricha, Sr. Dr Respondent By None Date Of Hearing: 24.01.2019 Date Of Pronouncement: 06. 02.2019 आदेश / O R D E R Per Manish Borad, A.M: This Appeal By Revenue Pertaining To A.Y. 2007-08 Is Directed Against The Order Of Ld. Commissioner Of Income Tax(Appeals)- Ujjain, (In Short ‘Cit(A)’), Dated 04.07.2017 Which Is Arising Out Of The Order U/S 143(3) Of The Income Tax Act 1961(Hereinafter Called As The ‘Act’) Framed On M/S. Phaloudi Construction Co. Itano.657/Ind/2017 31.01.2013 By Dcit, 2(1), Ujjain. The Revenue Has Raised Following Grounds Of Appeal: 1. Whether On The Facts & In The Circumstances Of The Case, Ld. Cit(A) Has Erred In Deleting The Addition Of Rs.9,97,515/- On Account Of Short Deduction Of Tds Based On Proviso 2 To Section 40(A)(Ia) Which Was Introduced Only From 01.04.2013.”

section 40(a)(ia) which was introduced only from 01.04.2013.” 2. None appeared on behest of assessee even though the notice of hearing was duly served upon it. It was therefore, decided to hear this appeal with the assistance of the Ld. Departmental Representative and documents available on records. 3. Brief facts as culled out from the records are, that

VIMAL TODI,INDORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX, INDORE

Appeals are allowed

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

226 (Raj.) has considered the aspect of initiation of penalty proceedings as under:- "We have considered the submissions made by learned counsel for the Revenue. Section 274 of the Income-tax Act provides the procedure for imposing the penalty while section 275 sets out the time-limit within which the penalty proceedings must be completed. Section 275 requires to complete

VIMAL TODI,INDORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX, INDORE

Appeals are allowed

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

226 (Raj.) has considered the aspect of initiation of penalty proceedings as under:- "We have considered the submissions made by learned counsel for the Revenue. Section 274 of the Income-tax Act provides the procedure for imposing the penalty while section 275 sets out the time-limit within which the penalty proceedings must be completed. Section 275 requires to complete

VIMAL TODI,INDORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX, INDORE

Appeal is allowed

Bench: Shri B.M. Biyani & Shri Paresh M Joshishri Vimal Todi, Additional Commissioner बनाम/ 501, Darshan Residency, Of Income-Tax, Vs. 104-105, Anand Bazar, Indore Indore

226 (Raj.) has considered the aspect of initiation of penalty proceedings as under:- "We have considered the submissions made by learned counsel for the Revenue. Section 274 of the Income-tax Act provides the procedure for imposing the penalty while section 275 sets out the time-limit within which the penalty proceedings must be completed. Section 275 requires to complete

ACIT 2 (1), INDORE vs. M/S JILA INDUSTRIES LTD, DHAR

In the result this appeal of Revenue is dismissed

Bench: Ms.Suchitra R.Kamble & Shri Bhagirath Mal Biyanivirtual Hearing Assessment Year: 2010-11 Acit-2(1), Indore M/S. Jiji Industries Ltd., (Formerly Known As बनाम/ Krishna Profiles Pvt. Ltd.), Vs. Plot No.316, Sejwaya, Billod, Dhar (Mp) (Appellant) (Respondent ) P.A.N. - Aacck 1383 M Revenue By Shri P.K. Mitra, Cit-Dr Respondent By Shri S.S. Deshpande, Ca Date Of Hearing: 02.02.2022 Date Of Pronouncement: 25.02.2022

3 Jiji Industries Ltd. (formerly known as Krishna Profiles P. Ltd.) Remand-Report bearing No. JCIT(OSD)/Ind/Remand Report/2017- 18 dated 08.05.2018. 4.4 The Ld. CIT(A) took into account the Remand-Report submitted by Ld. AO and finally admitted the assessee’s request for additional evidences vide Para No. 4 of his order, by observing as under: “The fire

AJIT LALWANI,INDORE vs. ADD.CIT(A), INDORE

In the result, Assessee’s appeals in ITANo

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

3. With the assistance of the ld.representatives, we have gone through the record carefully. The assessee at the relevant time was engaged in the business of ship breaking. A survey under section 133A of the Act was carried out at the business of premises of the assessee- company on 17.9.2013. According to the AO, the assessee was required to collect

AJIT LALWANI ,INDORE vs. ACIT (TDS) , INDORE

In the result, Assessee’s appeals in ITANo

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

3. With the assistance of the ld.representatives, we have gone through the record carefully. The assessee at the relevant time was engaged in the business of ship breaking. A survey under section 133A of the Act was carried out at the business of premises of the assessee- company on 17.9.2013. According to the AO, the assessee was required to collect

THE ACIT (CENTRAL), UJJAIN vs. M/S. VYANKTESH PLASTICS & PACKAGING (P) LTD., UJJAIN

Bench: Justice P.P. Bhatt, Hon'Ble & Hon'Ble Manish Boradvirtual Hearing Assessment Year: 2016-17 M/S. Ariba Foods Pvt. Acit (Central), Vs. Ltd, 101, Gold Star Building, Ujjain Opp. Treasure Island, 5767 M.G. Road, Indore (Revenue ) (Appellant) Pan No.Aalca7223M Assessment Year: 2015-16 M/S. Vyanktesh Plastics Acit (Central), Vs. & Packaging Pvt. Ltd, 75/7-B, Industrial Area, Ujjain Maxi Road, Ujjain (Revenue ) (Appellant) Pan No.Aaacv6547J Assessment Year: 2011-12

226 Name got - - - - Change of changed to Name Dwarkesh Finance Ltd. 5 Letter dated 23- 227 The lender - - - - 02-2005 issued company is a by the company in Vadodara Stock which the Exchange public is Limited substantially interested and earlier it was listed on Stock Exchange. Such fact Ariba Foods Pvt. Ltd & Ors. speaks about the genuineness of the company

ACIT (CENTRAL) , UJJAIN vs. M/S. ARIBA FOODS (P) LTD., INDORE

Bench: Justice P.P. Bhatt, Hon'Ble & Hon'Ble Manish Boradvirtual Hearing Assessment Year: 2016-17 M/S. Ariba Foods Pvt. Acit (Central), Vs. Ltd, 101, Gold Star Building, Ujjain Opp. Treasure Island, 5767 M.G. Road, Indore (Revenue ) (Appellant) Pan No.Aalca7223M Assessment Year: 2015-16 M/S. Vyanktesh Plastics Acit (Central), Vs. & Packaging Pvt. Ltd, 75/7-B, Industrial Area, Ujjain Maxi Road, Ujjain (Revenue ) (Appellant) Pan No.Aaacv6547J Assessment Year: 2011-12

226 Name got - - - - Change of changed to Name Dwarkesh Finance Ltd. 5 Letter dated 23- 227 The lender - - - - 02-2005 issued company is a by the company in Vadodara Stock which the Exchange public is Limited substantially interested and earlier it was listed on Stock Exchange. Such fact Ariba Foods Pvt. Ltd & Ors. speaks about the genuineness of the company