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24 results for “depreciation”+ Revision u/s 263clear

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Key Topics

Section 263105Section 143(3)30Revision u/s 26319Addition to Income14Section 35A13Section 14711Section 201(1)8Section 194H8Section 194J8Depreciation

SANTOSH RATHORE,INDORE vs. PRINCIPAL COMMISSIONER OF INCOME TAX, INDORE - 1, INDORE

Appeal is allowed

ITA 451/IND/2024[2015-16]Status: DisposedITAT Indore14 Oct 2025AY 2015-16
Section 139Section 143(2)Section 147Section 148Section 151Section 263

revision taken by PCIT u/s 263 is also illegal and cannot withstand.\n4.\nLd. AR then proceeded to demonstrate as to how the original/re- assessment proceeding was illegal? For this, Ld. AR carried us to the reasons recorded by AO before initiating original/re-assessment proceeding filed at Pages 61-62 of Paper-Book; the same is re-produced below:\n\"Reasons

AGROH INFRASTRUCTURE DEVELOPERS P LTD,MHOW vs. PR CIT CENTRAL CIRCLE BHOPAL, BHOPAL

Showing 1–20 of 24 · Page 1 of 2

8
Section 43(1)7
Disallowance6

In the result, appeal of assessee is allowed

ITA 95/IND/2021[2008-09]Status: DisposedITAT Indore11 Apr 2023AY 2008-09

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Agroh Infrastructure Pr. Cit (Central) Developers Pvt. Ltd. Bhopal Aqua Point, A.B.Road, Vs. Umaria, Mhow, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaeca 2752 L Assessee By Shri Manish Mittal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 10.04.2023 Date Of Pronouncement 11.04.2023

Section 143(1)Section 143(3)Section 147Section 148Section 263

u/s 263 of the Act must have been taken within the period of limitation. Ld. DR has contended that after the reassessment order dated 03.03.2016 was set aside by the Ld. CIT the same has merged with the subsequent order dated 31st July 2017. However, the said doctrine of merger would not apply beyond the subject matter of revision order

M/S RADHISHWARI DEVLOPERS P LTD,INDORE vs. PR CIT -2 INDORE, INDORE

In the result, Assessee’s appeal in ITANo

ITA 493/IND/2018[13-14]Status: DisposedITAT Indore20 Jul 2021

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing Assessment Year 2013-14 M/S. Radhishwari Developers P. Ltd. (Now Known As R.C. Warehousing Pvt. Ltd. ) Indore : Appellant Pan :Aafcr1916A V/S Pr. Cito-2 : Respondent Indore Appellant By S/Shri Sumit Nema Sr. Adv. With Gagan Tiwari & Piyush Parashar Advs. Revenue By Shri S.S. Mantri, Cit-Dr Date Of Hearing 24.05.2021 Date Of Pronouncement 20.07.2021

Section 133(6)Section 143(2)Section 143(3)Section 263

depreciation at Rs.1,53,066/- to be carry forward for set up in subsequent years. 3. After passing of the assessment order u/s 143(3) of the Act, Ld. Pr. CIT examined the assessment records and documents filed by the assessee and notice that the M/s. Radheshwari Developers Pvt. Ltd. assessment order is prima facie, erroneous and prejudicial

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

In the result, the appeal of assessee is allowed

ITA 148/IND/2021[2015-16]Status: DisposedITAT Indore09 Nov 2023AY 2015-16

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

revision would be unsustainable insofar as the issue raised by Pr. CIT is in no way connected to the issues that have been raised in the limited scrutiny assessment. Thus, the decision in the case of Sri Sushanta Kumar Choudhury (supra) is clearly distinguishable. Therefore, the prayer of the ld. CIT DR that the matter be referred to Larger Bench

M.P. STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD,BHOPAL vs. PR CIT-1, BHOPAL

ITA 158/IND/2020[2015-16]Status: DisposedITAT Indore08 Oct 2021AY 2015-16

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2015-16

Section 143(2)Section 143(3)Section 263Section 41(1)

revision order passed u/s 263 pursuant to the amendment made w.e.f. 1st June 2015 is bad in law. 5. That the Pr. CIT grossly erred in law in holding that the order passed by the Assessing Officer was very casual and passed in a hurried manner did not examine all the material facts of the case and was erroneous

DCIT-4(1), INDORE, INDORE vs. ODDIVILLE FOODS AND FROZEN, INDORE

Accordingly, the grounds raised by the Revenue are dismissed\nand the order of the Ld

ITA 427/IND/2025[2018-19]Status: DisposedITAT Indore20 Mar 2026AY 2018-19
Section 115JSection 143(3)Section 263Section 35ASection 80

revision-order\ndated 26.03.2023 u/s 263 of the Act holding that the assessment-\nPage 2 of 16\nOddiville Foods and Frozen\nITA No. 427/Ind/2025 – AY 2018-19\norder passed by AO was erroneous-cum-prejudicial to the interest of\nrevenue for the reason that the assessee did not file report in Form No.\n10CCB for claiming deduction u/s 35AD

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(1), BHOPOAL, BHOPAL vs. M/S RASHTRIYA TAKNIKI SHIKSHAK PRASHIKSHAN EVAM ANUNSANDHAN SANSTHAN, BHOPAL

Appeal is dismissed

ITA 509/IND/2025[2014-15]Status: DisposedITAT Indore22 Dec 2025AY 2014-15

Bench: Ms. Suchitra R. Kamble & Shri B.M. Biyaniacit Circle-1(1) M/S. Rashtriya Takniki Bhopal Shikshak Prashikshan Evam Anunsandhan Sansthan बनाम/ Samiti, Vs. Bhopal (Revenue/Appellant) (Assessee/Respondent) Pan: Aabar2266H Assessee By Shri Ashish Porwal, Sr. Dr Revenue By Shri Vinod Joshi, Ar Date Of Hearing 08.12.2025 Date Of Pronouncement 22.12.2025

Section 10Section 271(1)(c)Section 43(1)

depreciation claimed by assessee was not allowable due to Explanation to section 43(1). Accordingly, the PCIT-1, Bhopal, after giving opportunity to assessee, passed revision-order dated 26.10.2018 u/s 263

PRASAM RAKESH CHOUDHARY,GIRNAR SOCIETY, BAPURAO GALLI, ITWARI, NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL -1, BHOPAL , BHOPAL

Appeal is dismissed

ITA 529/IND/2025[2018 -2019]Status: HeardITAT Indore22 Dec 2025

Bench: Ms. Suchitra R. Kamble & Shri B.M. Biyaniacit Circle-1(1) M/S. Rashtriya Takniki Bhopal Shikshak Prashikshan Evam Anunsandhan Sansthan बनाम/ Samiti, Vs. Bhopal (Revenue/Appellant) (Assessee/Respondent) Pan: Aabar2266H Assessee By Shri Ashish Porwal, Sr. Dr Revenue By Shri Vinod Joshi, Ar Date Of Hearing 08.12.2025 Date Of Pronouncement 22.12.2025

Section 10Section 271(1)(c)Section 43(1)

depreciation claimed by assessee was not allowable due to Explanation to section 43(1). Accordingly, the PCIT-1, Bhopal, after giving opportunity to assessee, passed revision-order dated 26.10.2018 u/s 263

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

In the result, appeal of assessee is allowed

ITA 125/IND/2021[2016-17]Status: DisposedITAT Indore21 Jun 2023AY 2016-17

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

Section 12ASection 138Section 263

u/s 263 we find that the assessee has challenged the order of the AO in the appeal before the ld. CIT(A) on the issue of addition made by the AO on account of estimation of income on undisclosed turnover by applying net profit rate @ 8%. The assessee opted for Vivad Se Vishwas Scheme 2020 for settlement of tax dispute

M.P.PASHCHIM KSHETRA VIDYUT VITRAN CO LTD,INDORE vs. THE DY CIT 1(1), INDORE

In the result, All the four appeals of the revenue and one cross appeal of the assessee are dismissed

ITA 108/IND/2023[2007-08]Status: DisposedITAT Indore10 Apr 2024AY 2007-08

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

Section 143(3)Section 263

revision order section 263 dated 11.03.2016 and set aside the assessment order dated 27.03.2014 by holding that the order passed by the AO is erroneous so far as the prejudicial to the interest of the revenue. It was observed by Pr. CIT that the AO did not take cognizance of points regarding the claim of the assesse treating the supply

THE DY CIT 1(1), INDORE vs. M/S M.P. PASCHIM KSHETRA VIDYUT VITARAN CO. LTD., INDORE

In the result, All the four appeals of the revenue and one cross appeal of the assessee are dismissed

ITA 62/IND/2023[2012-13]Status: DisposedITAT Indore10 Apr 2024AY 2012-13

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

Section 143(3)Section 263

revision order section 263 dated 11.03.2016 and set aside the assessment order dated 27.03.2014 by holding that the order passed by the AO is erroneous so far as the prejudicial to the interest of the revenue. It was observed by Pr. CIT that the AO did not take cognizance of points regarding the claim of the assesse treating the supply

THE DY CIT 1(1), INDORE vs. M/S M.P. PASCHIM KSHETRA VIDYUT VITARAN CO. LTD., INDORE

In the result, All the four appeals of the revenue and one cross appeal of the assessee are dismissed

ITA 63/IND/2023[2013-14]Status: DisposedITAT Indore10 Apr 2024AY 2013-14

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

Section 143(3)Section 263

revision order section 263 dated 11.03.2016 and set aside the assessment order dated 27.03.2014 by holding that the order passed by the AO is erroneous so far as the prejudicial to the interest of the revenue. It was observed by Pr. CIT that the AO did not take cognizance of points regarding the claim of the assesse treating the supply

THE DY CIT 1(1), INDORE vs. M/S M.P. PASCHIM KSHETRA VIDYUT VITARAN CO. LTD., INDORE

In the result, All the four appeals of the revenue and one cross appeal of the assessee are dismissed

ITA 86/IND/2023[2007-2008]Status: DisposedITAT Indore10 Apr 2024AY 2007-2008

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

Section 143(3)Section 263

revision order section 263 dated 11.03.2016 and set aside the assessment order dated 27.03.2014 by holding that the order passed by the AO is erroneous so far as the prejudicial to the interest of the revenue. It was observed by Pr. CIT that the AO did not take cognizance of points regarding the claim of the assesse treating the supply

THE DY CIT1 (1), INDORE vs. M/S M.P. PASCHIM KSHETRA VIDYUT VITARAN CO. LTD., INDORE

In the result, All the four appeals of the revenue and one cross appeal of the assessee are dismissed

ITA 61/IND/2023[2011-12]Status: DisposedITAT Indore10 Apr 2024AY 2011-12

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

Section 143(3)Section 263

revision order section 263 dated 11.03.2016 and set aside the assessment order dated 27.03.2014 by holding that the order passed by the AO is erroneous so far as the prejudicial to the interest of the revenue. It was observed by Pr. CIT that the AO did not take cognizance of points regarding the claim of the assesse treating the supply

MP STATE MINING CORPORATION,BHOPAL vs. PCIT-1, BHOPAL, BHOPAL

In the result, appeal of the assessee is dismissed

ITA 203/IND/2023[2018-19]Status: HeardITAT Indore06 May 2024AY 2018-19

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanimp State Mining Corporation Pr. Cit-1 Paryavas Bhavan Block No.1, Bhopal Area Hills Vs. Mp (Appellant / Assessee) (Respondent/ Revenue) Pan: Aabcm0300K Assessee By Shri Sumit Nema, Sr. Adv. & Shri Gagan Tiwari, Ars Revenue By Shri V.K. Singh, Cit- Dr Date Of Hearing 30.04.2024 Date Of Pronouncement 06.05.2024

Section 143(3)Section 263

depreciation u / s 32was in accordance with the law and therefore the learned CIT is unjustified in invoking the provision of 263 of the Act. Hence the order u/s. 263 is bad in law 4.That on facts and in the circumstances of case and in law the assessment order passed by the learned A.O is neither erroneous nor prejudicial

ANDRITZ HYDRO P LTD,BHOPAL vs. PR CIT-1, BHOPAL

ITA 199/IND/2020[2015-16]Status: DisposedITAT Indore29 Oct 2021AY 2015-16

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing

Section 115JSection 253Section 263

u/s 263 of the Income Tax Act 1961 ( in short the ‘Act’). 2. At first, we shall take up the assessee’s appeal i.e. ITANo.198/Ind/2020 for the assessment year 2014-15 wherein the assessee has raised the following grounds of appeal:- “Based on the facts and circumstances of the case, Andritz Hydro Private Limited (here-in-after referred

DR DESHMUKH MOTHER AND CHILD CARE ,UJJAIN vs. PCIT-1, INDORE

ITA 101/IND/2022[2017-18]Status: DisposedITAT Indore15 Jun 2023AY 2017-18

Bench: Ms. Suchitra R Kamble & Shri B.M. Biyaniassessment Year: 2017-18 Dr. Deshmukh Mother & Pr. Cit-I, Child Care, Indore बनाम/ 27, Nirman Nagar, Vs. Ujjain (Appellant / Assessee) (Respondent / Revenue) Pan: Aahfd3407H Assessee By Ms. Ruchira Negi, Ar Revenue By Shri P.K. Mishra, Cit Dr Date Of Hearing 22.03.2023 Date Of Pronouncement 15.06.2023

Section 143(2)Section 143(3)Section 263

revision-order passed by Ld. PCIT u/s 263 is valid in the eyes of law? Page 5 of 13 Dr. Deshmukh Mother & Child Care Assessment year 2017-18 10. Ld. Representatives of both sides made a lengthy discussion on various issues one by one. We sum up the arguments and contentions of both sides as also our analysis issue-wise

SINGH GOLDEN TRANSPORT CO.,INDORE vs. ACIT , CENTRAL CIRCLE

Appeal is allowed

ITA 414/IND/2024[2019-20]Status: DisposedITAT Indore24 Feb 2025AY 2019-20

Bench: Shri B.M. Biyani & Shri Dinesh Mohan Sinhaassessment Year: 2019-20

Section 133ASection 142(1)Section 143(3)Section 263

263. Aggrieved by such revision-order, the assessee has come in this appeal before us. 3. Ld. AR for assessee carried us to revision-order and demonstrated the issues noted by PCIT for undertaking revision. The PCIT has noted that a survey u/s 133A was conducted upon assessee on 22.02.2019 falling within previous year 2018-19 relevant

IDEA CELLULAR LIMITED,INDORE vs. DCIT TDS, INDORE

ITA 265/IND/2018[2010-11]Status: DisposedITAT Indore23 Apr 2024AY 2010-11

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Vodafone Idea Ltd. Cit (Tds), बनाम/ (Formerly M/S Idea Bhopal Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent) M/S Vodafone Idea Ltd. Dcit/Jcit (Tds), बनाम/ (Formerly M/S Idea Indore Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent)

Section 194HSection 194JSection 201Section 201(1)Section 250Section 254(2)Section 263

revision-order dated 27.03.2014, the AO also passed newer order dated 28.07.2014 u/s 201(1)/(1A) r.w.s. 263 wherein he created demand of TDS u/s 194H out of certain amounts allowed to distributors/dealers of pre-paid vouchers as well as u/s 194J out of roaming charges paid to OTOs plus interest. Aggrieved by such order, the assessee filed first-appeal

M/S. IDEA CELLULAR LIMITED,INDORE vs. THE CIT (TDS), BHOPAL

ITA 415/IND/2014[2010-11]Status: DisposedITAT Indore23 Apr 2024AY 2010-11

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Vodafone Idea Ltd. Cit (Tds), बनाम/ (Formerly M/S Idea Bhopal Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent) M/S Vodafone Idea Ltd. Dcit/Jcit (Tds), बनाम/ (Formerly M/S Idea Indore Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent)

Section 194HSection 194JSection 201Section 201(1)Section 250Section 254(2)Section 263

revision-order dated 27.03.2014, the AO also passed newer order dated 28.07.2014 u/s 201(1)/(1A) r.w.s. 263 wherein he created demand of TDS u/s 194H out of certain amounts allowed to distributors/dealers of pre-paid vouchers as well as u/s 194J out of roaming charges paid to OTOs plus interest. Aggrieved by such order, the assessee filed first-appeal