M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. PR. CIT (CENTRAL), BHOPAL

In the result, appeal of the assessee in ITANo

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

section 12AA(3) & 12AA(4) of the Act only on the basis of invoking provisions of section 13(1)(c)(ii) of the Act for cancelling the registration u/s 12AA of the Act which in our view was not correct since only the amount of benefit of exemption can be a subject matter but continuing of registration u/s 12AA

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&

capital costs of the project. C:There are new restrictive conditions being added.Deduction u/s 80IA is allowable only in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructural development etc.The deduction u/s 80IA is not extended to "works contractors" . The amendment to section 80IA(4) has provided as under (inserted by Finance Act, 2009 with retrospective

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&

capital costs of the project. C:There are new restrictive conditions being added.Deduction u/s 80IA is allowable only in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructural development etc.The deduction u/s 80IA is not extended to "works contractors" . The amendment to section 80IA(4) has provided as under (inserted by Finance Act, 2009 with retrospective

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&

capital costs of the project. C:There are new restrictive conditions being added.Deduction u/s 80IA is allowable only in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructural development etc.The deduction u/s 80IA is not extended to "works contractors" . The amendment to section 80IA(4) has provided as under (inserted by Finance Act, 2009 with retrospective

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&

capital costs of the project. C:There are new restrictive conditions being added.Deduction u/s 80IA is allowable only in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructural development etc.The deduction u/s 80IA is not extended to "works contractors" . The amendment to section 80IA(4) has provided as under (inserted by Finance Act, 2009 with retrospective

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&

capital costs of the project. C:There are new restrictive conditions being added.Deduction u/s 80IA is allowable only in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructural development etc.The deduction u/s 80IA is not extended to "works contractors" . The amendment to section 80IA(4) has provided as under (inserted by Finance Act, 2009 with retrospective

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&

capital costs of the project. C:There are new restrictive conditions being added.Deduction u/s 80IA is allowable only in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructural development etc.The deduction u/s 80IA is not extended to "works contractors" . The amendment to section 80IA(4) has provided as under (inserted by Finance Act, 2009 with retrospective

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&

capital costs of the project. C:There are new restrictive conditions being added.Deduction u/s 80IA is allowable only in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructural development etc.The deduction u/s 80IA is not extended to "works contractors" . The amendment to section 80IA(4) has provided as under (inserted by Finance Act, 2009 with retrospective

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&

capital costs of the project. C:There are new restrictive conditions being added.Deduction u/s 80IA is allowable only in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructural development etc.The deduction u/s 80IA is not extended to "works contractors" . The amendment to section 80IA(4) has provided as under (inserted by Finance Act, 2009 with retrospective

M/S. BALMUKUND DHANRAJ JHAWAR HUF,SENDHWA vs. THE ITO SENDHWA, SENDHWA

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

4. The assessee claimed long-term capital gain exempt under Section 10(38) of the Act at Rs. 23,03,300/- on purchase/sale of shares which is the subject matter before us. The assessee purchased 5000 equity shares of Turbotech Engineering Ltd. from one broker namely Shah Space Manager Pvt. Ltd. at a consideration

SMT. APARNA JHAWAR,SENDHWA vs. THE ITO SENDHWA, SENDHWA

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

4. The assessee claimed long-term capital gain exempt under Section 10(38) of the Act at Rs. 23,03,300/- on purchase/sale of shares which is the subject matter before us. The assessee purchased 5000 equity shares of Turbotech Engineering Ltd. from one broker namely Shah Space Manager Pvt. Ltd. at a consideration

AJAY KUMAR BALMUKUND JHAWAR HUF,SENDHWA vs. ITO SENDHWA, SENDHWA

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

4. The assessee claimed long-term capital gain exempt under Section 10(38) of the Act at Rs. 23,03,300/- on purchase/sale of shares which is the subject matter before us. The assessee purchased 5000 equity shares of Turbotech Engineering Ltd. from one broker namely Shah Space Manager Pvt. Ltd. at a consideration

JAYA JUNEJA,INDORE vs. INCOME TAX OFFICER WARD 1(4), INDORE

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Siddhartha Nautiyal & Shri Bhagirath Mal Biyani

4 alleging that the order under section 148A(d) was non-speaking was also rejected by CIT(Appeals) on the ground that the Assessing Officer had passed a reasoned order discussing the issue in detail. Grounds Nos. 5 to 11, which were interrelated and pertained to the addition of ₹77,98,016/- on account of long-term capital gains

ITO 2(1), UJJAIN vs. SHRI SANTOSH AGRAWAL PROP. M/S. SANTOSH ENTERPRISES, UJJAIN

In the result appeal of the revenue is dismissed

Bench: Hon’Ble Madhumita Royassessment Year 2010-11

capital gain is arising out of the sale of property at Survey No.119, Village: Goyala Khundra, Tehsil Ujjain found less since the sale consideration was taken less than the guideline value. Consequently notice u/s 148 of the Act was issued. The reassessment was completed upon making addition of Rs.11,01,028/- in the hands of the appellant. It appears that

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 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 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

DCIT (CENTRAL), BHOPAL vs. SHAILENDRA SHARMA, BHOPAL

In the result the appeals of the assessee for the Assessment

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

4) Sma Jueunaben Sureshbhai Thakkar as the transaction are done by the them, in the bank account of the assessee and they have also failed to give their explanation in this matter, despite of opportunities being given to them to attend by issuing summons and also by the assessee. 6.6 Undoubtedly, there was no assessment framed in the hands