BADAUD SHRI VARDHMAN SHIKSHA ,BADAUD vs. THE ITO NFAC DELHI, NEW DELHI

Appeal is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year:2018-19 Badaud Shri Vardhaman Ito, बनाम/ Shiksha Samiti, Nfac, Badaud Delhi Vs. (Assessee / Appellant) (Revenue / Respondent) Pan: Aacab5370 Assessee By Shri Sharad Jain, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 19.07.2023 Date Of Pronouncement 25.07.2023

depreciation of Rs. 4,94,672/-. But thereafter the assessee has ignored the entire loss of Rs. 6,28,061/- and not claimed effect thereof in any manner i.e. neither the assessee claimed set off in current year nor carry-forward

THE ITO, (EXEMPTION), INDORE vs. M/S. N.T.THOMAS MEMORIAL EDUCATIONAL & DEVELOPMENT SOCIETY, INDORE

In the result the appeal of the Revenue is partly allowed

Bench: Shri C.M.Garg & Shri O.P.Meena1.आ.अ.सं./ I.T.A. No. 139/Ind/2015 2. I.T.A. No. 150/Ind/2015 "नधा"रण वष" /Assessment Year:2011-12

depreciation on the higher rate 30% as against 15% allowable as per Rule 5 of Income-tax Rules. Now we will take up I.T.A.No. 139/IND/2015. N.T. Thomas Memorial Educational & Society I.T.A. No.139 & 150 /Ind/2015/A.Y.: 11-12 Page 3 of11 3. Ground No. 1 relates to not allowing the benefit of carry forward of losses

M/S. N.T.THOMAS MEMORIAL EDUCATIONAL AND DEVELOPMENT SOCIETY,INDORE vs. THE ACIT 1(2), INDORE

In the result the appeal of the Revenue is partly allowed

Bench: Shri C.M.Garg & Shri O.P.Meena1.आ.अ.सं./ I.T.A. No. 139/Ind/2015 2. I.T.A. No. 150/Ind/2015 "नधा"रण वष" /Assessment Year:2011-12

depreciation on the higher rate 30% as against 15% allowable as per Rule 5 of Income-tax Rules. Now we will take up I.T.A.No. 139/IND/2015. N.T. Thomas Memorial Educational & Society I.T.A. No.139 & 150 /Ind/2015/A.Y.: 11-12 Page 3 of11 3. Ground No. 1 relates to not allowing the benefit of carry forward of losses

THE DCIT, 5(1), BHOPAL vs. M/S. SANWARIA AGRO OILS LTD., BHOPAL

In the result Ground No.2 of the revenue is dismissed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2010-11

forward unabsorbed depreciation or business loss which could be set off against the income of the current A.Y. 2010-11. Where the deprecation and loss of earlier years had already been set6 off against other business income of those assessment years, there is no need for notionally carrying

THE ACIT 1(1), UJJAIN vs. M/S PARAG FANS & COOLING SYSTEMS LTD., DEWAS

In the result appeals of the Revenue in ITA Nos

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

losses. The same was challenged by the assessee before Ld. CIT(A) who allowed the ground of the assessee directing the Ld. A.O to grant the benefit of brought forward and unabsorbed depreciation and carry

THE ACIT 1(1), UJJAIN vs. M/S PARAG FANS & COOLING SYSTEMS LTD., DEWAS

In the result appeals of the Revenue in ITA Nos

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

losses. The same was challenged by the assessee before Ld. CIT(A) who allowed the ground of the assessee directing the Ld. A.O to grant the benefit of brought forward and unabsorbed depreciation and carry

THE ACIT-CENTRAL-2, INDORE vs. SHRI YOGESH KUMAR HOTWANI, MANDSAUR

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

Bench: Shri D.T. Garasia & Shri O.P. Meena

carry forward cash balance from the preceding day to the next day and each day balance recorded on seized papers matching. The CIT(A) has held that there is no I.T.(SS)A.Nos. 91 – 94 & I.T.A.No. 274/Ind/2016 and 117 to 120 and I.T.A.No. 680/Ind/2016 – ACIT v. Yogesh Hotwani and Yogesh Hotwani Vs. DCIT page 29 of 72 justification and merit

SHRI YOGESH HOTWANI,MANDSAUR vs. THE DCIT (CENTRAL), INDORE

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

Bench: Shri D.T. Garasia & Shri O.P. Meena

carry forward cash balance from the preceding day to the next day and each day balance recorded on seized papers matching. The CIT(A) has held that there is no I.T.(SS)A.Nos. 91 – 94 & I.T.A.No. 274/Ind/2016 and 117 to 120 and I.T.A.No. 680/Ind/2016 – ACIT v. Yogesh Hotwani and Yogesh Hotwani Vs. DCIT page 29 of 72 justification and merit

ACIT CIRCLE 1(1), UJJAIN vs. A ONE ENCLAVE, UJJAIN

In the result, grounds taken by Revenue are dismissed

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2012-13 Acit, Circle-1(1), V/S M/S. A One Enclave, Ujjain 3687/1, Hariphatak Road, Ujjain

forwarded depreciation and losses, balance income was offered for taxation. Ld. A.O was however not convinced with this claim and was of the view that the assessee is not eligible for any deduction from the income surrendered during the course of survey. He accordingly treated the unaccounted investment in hotel building at Rs. 1,25,01,135/- as income from

DCIT 1(1), INDORE vs. M/S MAA UMIYA AGRITECH PVT. LTD. , INDORE

In the result, appeal of Revenue is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanidcit 1(1) M/S. Maa Umiya Agritech Pvt. Ltd. Indore 119, A.B. Road, Aloo Pyaj Mandi, Vs. Indore (Appellant / (Revenue) (Assessee) Pan: Aabcn8230F Revenue By Shri P.K. Mishra, Cit-Dr Respondent By Shri S.S. Solanki, Ar Date Of Hearing 11.04.2023 Date Of Pronouncement 08.06.2023

carry forward of losses. The assessee filed a copy of the assessment order for A.Y.2011-12 showing the loss of earlier year to the tune of Rs.2,55,25,774/- which was accepted by the AO as eligible for setting off. The AO again disallowed the statutory allowance of depreciation

DEPUTY COMMISSIONER OF INCOME TAX 1, INDORE vs. M/S AGRAWAL COAL CORP. PVT. LTD., INDORE

In the result all the three appeals of the revenue are

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

forward losses or unabsorbed depreciation. The claim of deduction u/s Agrawal Coal Corporation Pvt. Ltd ITA No.801 to 803/Ind/2018, ITA No.778/Ind/2018 & CO Nos.23 &24/Ind/2019 80IB in respect of the two eligible units viz. 'Spandhana' and 'Samruddhi' of Rs.2,23,22,237/- is obviously less than the gross total income. In our considered opinion, the Assessing Officer as well

DEPUTY COMMISSIONER OF INCOME TAX 1 (1), INDORE vs. M/S AGRAWAL COAL CORP. PVT. LTD., INDORE

In the result all the three appeals of the revenue are

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

forward losses or unabsorbed depreciation. The claim of deduction u/s Agrawal Coal Corporation Pvt. Ltd ITA No.801 to 803/Ind/2018, ITA No.778/Ind/2018 & CO Nos.23 &24/Ind/2019 80IB in respect of the two eligible units viz. 'Spandhana' and 'Samruddhi' of Rs.2,23,22,237/- is obviously less than the gross total income. In our considered opinion, the Assessing Officer as well

DCIT !(1) INDORE, INDORE vs. AGRAWAL COAL CORPORATION (P) LTD., INDORE, INDORE

In the result all the three appeals of the revenue are

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

forward losses or unabsorbed depreciation. The claim of deduction u/s Agrawal Coal Corporation Pvt. Ltd ITA No.801 to 803/Ind/2018, ITA No.778/Ind/2018 & CO Nos.23 &24/Ind/2019 80IB in respect of the two eligible units viz. 'Spandhana' and 'Samruddhi' of Rs.2,23,22,237/- is obviously less than the gross total income. In our considered opinion, the Assessing Officer as well

M/S AGRAWAL COAL CORP. PVT. LTD.,INDORE vs. DEPUTY COMMISSIONER OF INCOME TAX 1, INDORE

In the result all the three appeals of the revenue are

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

forward losses or unabsorbed depreciation. The claim of deduction u/s Agrawal Coal Corporation Pvt. Ltd ITA No.801 to 803/Ind/2018, ITA No.778/Ind/2018 & CO Nos.23 &24/Ind/2019 80IB in respect of the two eligible units viz. 'Spandhana' and 'Samruddhi' of Rs.2,23,22,237/- is obviously less than the gross total income. In our considered opinion, the Assessing Officer as well

M/S NMI INDUSTRIES PVT. LTD.,INDORE vs. THE ITO-4(1), INDORE

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year 2010-11 M/S. Nmi Industries Pvt. Ito-4(1) Ltd, Vs. Indore 314 Bhagirathpura, Indore (Appellant) (Respondent ) Pan No.Aabcn9571B Assessment Year 2010-2011

carry forward loss of Rs.5,34,61,066/-. 11. For the purpose of the application of the provision u/s 115JB of the Act explanation 1 to this section refers to the book profit which needs to be increased by certain amounts as referred in explanation 1(a) to (k) and similarly the book profit needs to be reduced by certain

THE ACIT-3(1), INDORE vs. M/S. NMI INDUSTRIES PVT. LTD., INDORE

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year 2010-11 M/S. Nmi Industries Pvt. Ito-4(1) Ltd, Vs. Indore 314 Bhagirathpura, Indore (Appellant) (Respondent ) Pan No.Aabcn9571B Assessment Year 2010-2011

carry forward loss of Rs.5,34,61,066/-. 11. For the purpose of the application of the provision u/s 115JB of the Act explanation 1 to this section refers to the book profit which needs to be increased by certain amounts as referred in explanation 1(a) to (k) and similarly the book profit needs to be reduced by certain

SHREEPAL HUMAD,INDORE vs. THE PR CIT-1, INDORE

In the result, appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishreepal Humad Pr. Cit-1 Near Civil Hospital, Bus Indore Vs. Stand Road, Manasa Madhya Pradesh (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaxph1346 K Assessee By Shri Ashish Goyal & N.D. Patwa, Ars Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 13.04.2023 Date Of Pronouncement 21 .06.2023

loss or depreciation in the amount of disputed tax, or to carry forward the reduced tax credit or loss or depreciation

INCOME TAX OFFICER- 5(1), INDORE vs. M/S. SU-SAMPADA, INDORE

Appeal stands dismissed

Bench: Shri Kul Bharat & Shri Manish Borada.Y. 2011-12

forward business and depreciation losses for the assessment years 2002-03 to 2004-05 to the file of the Assessing Officer 7 Su-Sampada to carry