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

In the result ground no.2 raised by the revenue stands dismissed

Bench: Ms. Madhumita Roy & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2013-14 Acit(Central)-1 Surya Infraventures Pvt. Indore Ltd. Nanda Nagar, Indore बनाम/ Vs. (Appellant / Revenue) (Respondent / Appellant) Pan: Aadca 4235 D Assessee By Shri S.N. Agrawal & Shri Bhavesh Agrawal, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 15.09.2022 Date Of Pronouncement 01.12.2022

73 TTJ 893 (ITAT, Ahmedabad) (iii) J.R. Organics Ltd. Vs. ACIT (2009) 122 TTJ 887 (ITAT, Lucknow) (iv) ACIT Vs. Popular Vehicles & Services Ltd. (ITAT, Coachin) Ld. AR submitted that in these decisions, it has been loudly held that section 41(1) cannot be applied unless the liability is actually written off in books of account

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 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 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

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION) CIRCLE BHOPAL, BHOPAL vs. MAYANK WELFARE SOCIETY, INDORE

In the result, Revenue’s appeal for the AY 2013-14

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

73-77 Shiv Vankeshawar Educational & Social Welfare Trust (2019) 106 Taxmann.com 249 (Delhi –Tribunal) 10 Order dated 13/05/2020 passed in case of Bhariya Kissan 78-86 Chartitable Club Trust, Roorkee v. The Income Tax officer Exemptions (Dehradun) by Hon’ble ITAT Dehradun Bench) 13. We have heard rival contentions and perused the records placed before us and carefully gone through

THE DCIT, (EXEMPTION) CIRCLE, BHOPAL vs. M/S. MAYANK WELFARE SOCIETY, BHOPAL

In the result, Revenue’s appeal for the AY 2013-14

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

73-77 Shiv Vankeshawar Educational & Social Welfare Trust (2019) 106 Taxmann.com 249 (Delhi –Tribunal) 10 Order dated 13/05/2020 passed in case of Bhariya Kissan 78-86 Chartitable Club Trust, Roorkee v. The Income Tax officer Exemptions (Dehradun) by Hon’ble ITAT Dehradun Bench) 13. We have heard rival contentions and perused the records placed before us and carefully gone through

JEEVANDHARA HOSPITAL (P) LTD.,INDORE vs. ACIT-CPC-TDS, GHAZIABAD , INDORE

In the result, these three appeals

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royvirtual Hearing

1) and 201(1A) on the amount of TDS whereas in the present cases the issue were pertains to liability of late fee u/s 234E of the Act for delay in filing TDS statement which was inserted from 01.06.2015. 10. On similar facts, we have decided the same issue in the assessee's own case 'Sudershan Goyal vs. DCIT (TDS

JEEVANDHARA HOSPITAL (P) LTD.,INDORE vs. ACIT-CPC-TDS, GHAZIABAD , INDORE

In the result, these three appeals

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royvirtual Hearing

1) and 201(1A) on the amount of TDS whereas in the present cases the issue were pertains to liability of late fee u/s 234E of the Act for delay in filing TDS statement which was inserted from 01.06.2015. 10. On similar facts, we have decided the same issue in the assessee's own case 'Sudershan Goyal vs. DCIT (TDS

BAL BHAVAN SCHOOL,BHOPAL vs. DCIT EXEMPTION, BHOPAL

Appeal is allowed as mentioned above

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2014-15 Bal Bhavan School, Dcit (Exemption), 1, Shyamla Hills, Bhopal बनाम/ Bhopal Vs. (Assessee/Appellant) (Revenue/Respondent) Pan: Aaaab3678G Assessee By Ms. Nisha Lahoti, Ca Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 15.05.2024 Date Of Pronouncement 10.06.2024

73% of Rs. 3,57,770/-). Thus, the AO computed excess rent of Rs. 12,04,820/- paid by assessee [Rs. 14,65,992 (-) Rs. 2,61,172] to specified person in terms of section 13(1)(c) r.w.s. 13(2). Accordingly, the AO made an addition of excessive payment of Rs. 12,04,820/- and also applied maximum marginal

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&

73 of the appellate order Ld. CIT(A) has enlisted the difference between a developer and contractor which is as under:- S.No Developer of Infrastructure facility Works contractor 1. A developer tends to be speculative in Contractor is likely to operate on fixed profit margin due to the all associates profit margins. risk. 2. Developer stake on the RISK such

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&

73 of the appellate order Ld. CIT(A) has enlisted the difference between a developer and contractor which is as under:- S.No Developer of Infrastructure facility Works contractor 1. A developer tends to be speculative in Contractor is likely to operate on fixed profit margin due to the all associates profit margins. risk. 2. Developer stake on the RISK such

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&

73 of the appellate order Ld. CIT(A) has enlisted the difference between a developer and contractor which is as under:- S.No Developer of Infrastructure facility Works contractor 1. A developer tends to be speculative in Contractor is likely to operate on fixed profit margin due to the all associates profit margins. risk. 2. Developer stake on the RISK such

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&

73 of the appellate order Ld. CIT(A) has enlisted the difference between a developer and contractor which is as under:- S.No Developer of Infrastructure facility Works contractor 1. A developer tends to be speculative in Contractor is likely to operate on fixed profit margin due to the all associates profit margins. risk. 2. Developer stake on the RISK such

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&

73 of the appellate order Ld. CIT(A) has enlisted the difference between a developer and contractor which is as under:- S.No Developer of Infrastructure facility Works contractor 1. A developer tends to be speculative in Contractor is likely to operate on fixed profit margin due to the all associates profit margins. risk. 2. Developer stake on the RISK such

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&

73 of the appellate order Ld. CIT(A) has enlisted the difference between a developer and contractor which is as under:- S.No Developer of Infrastructure facility Works contractor 1. A developer tends to be speculative in Contractor is likely to operate on fixed profit margin due to the all associates profit margins. risk. 2. Developer stake on the RISK such

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&

73 of the appellate order Ld. CIT(A) has enlisted the difference between a developer and contractor which is as under:- S.No Developer of Infrastructure facility Works contractor 1. A developer tends to be speculative in Contractor is likely to operate on fixed profit margin due to the all associates profit margins. risk. 2. Developer stake on the RISK such

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&

73 of the appellate order Ld. CIT(A) has enlisted the difference between a developer and contractor which is as under:- S.No Developer of Infrastructure facility Works contractor 1. A developer tends to be speculative in Contractor is likely to operate on fixed profit margin due to the all associates profit margins. risk. 2. Developer stake on the RISK such

M/S. S.R. FERRO ALLOYS,JHABUA vs. THE PCIT, BHOPAL

In the result, the appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanis.R. Ferro Alloys Pr. Cit, Central 9, Siddheswar Colony Bhopal Vs. Jhabua (Appellant / Assessee) (Revenue) Pan: Abhfs7377Q Appellant By Shri Sumit Nema, Sr. Adv. & Gagan Tiwari, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.10.2023 Date Of Pronouncement 09.11.2023

Section 263 of the Act. In such matters, to remand the matter/issue to the Assessing Officer would imply and mean the CIT has not examined and decided whether or not the order is erroneous but has directed the Assessing Officer to decide the aspect/question. 17. This distinction must be kept in mind by the CIT while exercising jurisdiction under Section