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

Appeals are allowed

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

section 275(1)(c). Then, in Ram Kishan Verma (supra), the Jaipur Bench of ITAT has accepted that the starting point would be the date on which the AO received information from DDIT about commitment of default by assessee. We may gainfully refer a recent decision of ITAT, Chennai in DCIT, Central Circle, 2(2), Chennai Vs. Subramaniam Thanu, Chennai

M/S TRUBA EDUCATION SOCIETY ,BHOPAL vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) BHOPAL, BHOPAL

gains of business\nwhich is not incidental to\nthe attainment of its\nobjectives or separate\nbooks of account are not\nmaintained by such\ntrust or institution in\nrespect of the business\nwhich is incidental to the\nattainment of its\nobjectives; or\n(c) the trust or institution\nhas applied any part of\nits income from the\nproperty held under

SHRI AMIT TIWARI,INDORE vs. THE DCIT (CENTRAL)-2, INDORE

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year:2015-16

275 of the IT Act whereas the penalty under section 271AAB has to be imposed only when the income disclosed by the assessee falls in the ambit of undisclosed income as defined under section 271AAB of the Act. The definition of undisclosed income contemplates various forms and the primary condition is that the income of the specified previous year represented

M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. ACIT CENTRAL-II, BHOPAL

In the result, appeal of the assessee in ITANo

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

275/[2013] 40 taxmann.com 250 (Mad.) 12. Therefore, in view of our aforesaid discussion, on the preliminary point itself, we find that the impugned order of the Commissioner cancelling the registration u/s. 12AA(3) of the Act is bereft of a valid jurisdiction. (iii)The Hon’ble Karnataka High Court in the case of CIT Vs. Islamic Academic of Education

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

275/[2013] 40 taxmann.com 250 (Mad.) 12. Therefore, in view of our aforesaid discussion, on the preliminary point itself, we find that the impugned order of the Commissioner cancelling the registration u/s. 12AA(3) of the Act is bereft of a valid jurisdiction. (iii)The Hon’ble Karnataka High Court in the case of CIT Vs. Islamic Academic of Education

M/S SHISHUKUNJ EDUCATIONAL SOCIETY,THE SHISHUKUNJ INTERNATIONAL SCHOOL, GRAM JHALARIA vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), DIRECTOR GENERAL OF INCOME TAX. AAYKAR BHAWAN,

275 / (2013) 40 taxmann.com 250 (Mad).”\n15.\nLd. AR continued his submission to contend that the Ld. PCIT(Central)\nhas gained a wrong understanding that the violations of section 13(3) [on\naccount of payments to or for the benefits of interested persons], even if\nthere be, attracted cancellation of approval u/s 10(23C)(vi). He submitted\nthat the violation

NATIONAL LAW INSTITUTE UNIVERSITY ,BHOPAL vs. DCIT(EXEMPTION), BHOPAL

Appeal is allowed in terms mentioned above

C\" which shows Govt\nGrant and fees without taking Mess fess and another chart in Annexure \"D\"\nwhich shows Govt grant and fees taken Mess fess which shows that if the\nsaid receipts would had added in previous years then also the Appellant\nincome was exempted u/s 10(23C)(iiiab) of Income Tax Act 1961.\nIt is, therefore, requested

SHRI SUNIL SOJATIA,INDORE vs. THE ACIT CIRCLE -2(1), INDORE

In the result, the appeal of the assessee is partly allowed

Bench: Shri Kul Bharat & Shri Manish Borad

capital gains on the sale of agricultural land at Rao is exempt u/s. 54B. If the said ground is allowed, the addition, if any would be neutralized. f. Ld AO in the remand proceedings has accepted this fact at CIT(A) pg. 18 para 3, which is quoted as under: “Assessee has submitted copies of sale deed of land

SHRI PRABHAT SOJATIA,INDORE vs. THE ACIT 2(1), INDORE

In the result, the appeal of the assessee is partly allowed

Bench: Shri Kul Bharat & Shri Manish Borad

capital gains on the sale of agricultural land at Rao is exempt u/s. 54B. If the said ground is allowed, the addition, if any would be neutralized. f. Ld AO in the remand proceedings has accepted this fact at CIT(A) pg. 18 para 3, which is quoted as under: “Assessee has submitted copies of sale deed of land

DEPUTY COMMISSIONER OF INCOME TAX -5(1), INDORE vs. M/S SUNDERDEEP CONSTRUCTIONS PVT. LTD. , INDORE

In the result both the appeals of the revenue vide ITA No

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

capital expenditure in the form of club house is not allowable. AO has also reproduced relevant page of sale deed of plot of land at page no. 10 of the assessment order which clearly specifies that the buyers of plot in the said project will not have ownership right over the club house. 8. In view of the above discussion

DEPUTY COMMISSIONER OF INCOME TAX -5(1), INDORE vs. M/S SUNDERDEEP CONSTRUCTIONS PVT. LTD. , INDORE

In the result both the appeals of the revenue vide ITA No

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

capital expenditure in the form of club house is not allowable. AO has also reproduced relevant page of sale deed of plot of land at page no. 10 of the assessment order which clearly specifies that the buyers of plot in the said project will not have ownership right over the club house. 8. In view of the above discussion

M/S ASHOKA HI-TECH BUILDERS P. LTD.,INDORE vs. THE DCIT (CENTRAL)-1, INDORE

In the result Ground No.1 and 2 of the assessee’s appeal for A

Bench: Shri Kul Bharat & Shri Manish Borad

capital assets and not stock in trade. In the instant case the assessee has reflected the land as stock in trade and therefore the provision of sub section are not applicable to it. vii) As regards the assessee argument that it has been recognising the revenue on the same line from years to years, it will be sufficient to state

SHRI RAJYAVARDHAN SINGH,INDORE vs. THE ACIT CIRCLE 5(1), INDORE

In the result, both the appeal of assessee in ITANo

Bench: Hon'Ble Kul Bharat & And Hon'Ble Manish Borad

1,17,16,400/- on account of disallowance of Section 54F, Rs. l1.11lakhs on account of 50 C and Rs. 28.73 on account of section 68 as per his predessor's order in Appeal nO.IT /783/11-12 dated 28.02.2014, against which the Appellant's appeal bearing No. ITA/379/IND/2014 is pending before the Hon'ble Tribunal. 8.On the Facts and circumstances

SHRI RAJYAVARDHAN SINGH,INDORE vs. THE ACIT CIRCLE 5(1), INDORE

In the result, both the appeal of assessee in ITANo

Bench: Hon'Ble Kul Bharat & And Hon'Ble Manish Borad

1,17,16,400/- on account of disallowance of Section 54F, Rs. l1.11lakhs on account of 50 C and Rs. 28.73 on account of section 68 as per his predessor's order in Appeal nO.IT /783/11-12 dated 28.02.2014, against which the Appellant's appeal bearing No. ITA/379/IND/2014 is pending before the Hon'ble Tribunal. 8.On the Facts and circumstances

THE DCIT(EXEMPTION), BHOPAL vs. M/S. INDORE DEVELOPMENT AUTHORITY, INDORE

In the result, appeal of the revenue for A

Bench: Shri Kul Bharat & Shri Manish Boradassessment Years: 2011-12 Indore Development Authority, Dcit-5(1) बनाम/ Ida Building,7, Race Course Indore Vs. Road, Indore (Appellant) (Revenue) Pan: Aaaji0103J Assessment Year: 2011-12 Dcit- Indore Development Authority, बनाम/ (Exemption) Ida Building,7, Race Course Vs. Road, Indore Bhopal (Revenue) (Respondent) Pan: Aaaji0103J Assessment Years: 2012-13 Indore Development Authority, Dcit-5(1) बनाम/ Ida Building,7, Race Course Indore Vs. Road, Indore (Appellant) (Revenue)

c) That, the learned CIT(A) grossly erred, both on facts and in law, in confirming the addition of Rs.8,00,000/- made by the Assessing Officer in the appellant's income by disallowing the expenditure incurred by it in respect of Donation made for 'Malwa Utsav'. 3. That, the appellant further craves leave to add, alter, omit and/or amend

M/S INDORE DEVELOPMENT AUTHORITY,INDORE vs. THE DCIT, 5(1), INDORE

In the result, appeal of the revenue for A

Bench: Shri Kul Bharat & Shri Manish Boradassessment Years: 2011-12 Indore Development Authority, Dcit-5(1) बनाम/ Ida Building,7, Race Course Indore Vs. Road, Indore (Appellant) (Revenue) Pan: Aaaji0103J Assessment Year: 2011-12 Dcit- Indore Development Authority, बनाम/ (Exemption) Ida Building,7, Race Course Vs. Road, Indore Bhopal (Revenue) (Respondent) Pan: Aaaji0103J Assessment Years: 2012-13 Indore Development Authority, Dcit-5(1) बनाम/ Ida Building,7, Race Course Indore Vs. Road, Indore (Appellant) (Revenue)

c) That, the learned CIT(A) grossly erred, both on facts and in law, in confirming the addition of Rs.8,00,000/- made by the Assessing Officer in the appellant's income by disallowing the expenditure incurred by it in respect of Donation made for 'Malwa Utsav'. 3. That, the appellant further craves leave to add, alter, omit and/or amend

M/S INDORE DEVELOPMENT AUTHORITY,INDORE vs. THE ACIT (EXEMPTION) CIRCLE, BHOPAL

In the result, appeal of the revenue for A

Bench: Shri Kul Bharat & Shri Manish Boradassessment Years: 2011-12 Indore Development Authority, Dcit-5(1) बनाम/ Ida Building,7, Race Course Indore Vs. Road, Indore (Appellant) (Revenue) Pan: Aaaji0103J Assessment Year: 2011-12 Dcit- Indore Development Authority, बनाम/ (Exemption) Ida Building,7, Race Course Vs. Road, Indore Bhopal (Revenue) (Respondent) Pan: Aaaji0103J Assessment Years: 2012-13 Indore Development Authority, Dcit-5(1) बनाम/ Ida Building,7, Race Course Indore Vs. Road, Indore (Appellant) (Revenue)

c) That, the learned CIT(A) grossly erred, both on facts and in law, in confirming the addition of Rs.8,00,000/- made by the Assessing Officer in the appellant's income by disallowing the expenditure incurred by it in respect of Donation made for 'Malwa Utsav'. 3. That, the appellant further craves leave to add, alter, omit and/or amend

SACHCHIDANAND TRIPATHI ,BHOPAL vs. ITO 5(2) BHOPAL, BHOPAL

In the result, Appeal of the Assessee in ITANo

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Boradassessment Year:2014-15 Sachchidanand Tripati Ito 5(2) Bhopal Bhopal बनाम/ (Appellant) (Respondent ) Vs. P.A. No.Aampt3788N Appellant By Shri S.S. Deshpande, Ar Respondent By Shri Amit Soni, Sr.Dr Date Of Hearing: 12.11.2021 Date Of Pronouncement: 06.12.2021 आदेश / O R D E R Per Manish Borad: The Above Captioned Appeal At The Instance Of Assessee Is Directed Against The Order Of Ld. Commissioner Of Income Tax(Appeals)-2, (In Short ‘Cit(A)’), Bhopal Dated 01.05.2019 Which Are Arising Out Of The Order U/S 271B Of The Income Tax Act 1961(In Short The ‘Act’) Dated 26.05.2017 Framed By Ito-5(2) Bhopal.

gain. Assessee is maintaining share trading account with Nirmal Bang Securities Pvt. Ltd. Total sales made on delivery based transaction amounting to Rs.3,13,81410/-. Assessee has not disputed this figure of sale turnover of share trading of delivery based transaction but only claimed before ld. AO that these transaction were in the nature of purchase and sale of shares