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

In the result, Assessee’s appeal in ITANo

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

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

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

depreciation and finance charges totalling to Rs. 2,50,89,822/- debited in the profit and loss account came to 4.83% which approximated the net profit rate of 5% approved by the Hon’ble Co-ordinate Bench itself in the case of the assessee for the A.Y. 2009-10. It is also an uncontroverted finding of fact that

THE AIT,ENTRAL-1, INDORE vs. SURYA INFRAVENTURE P LTD, INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

depreciation and finance charges totalling to Rs. 2,50,89,822/- debited in the profit and loss account came to 4.83% which approximated the net profit rate of 5% approved by the Hon’ble Co-ordinate Bench itself in the case of the assessee for the A.Y. 2009-10. It is also an uncontroverted finding of fact that

THE ACIT, CIRCLE 2(1), INDORE vs. M/S SURYA INFRA VENTURE PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

depreciation and finance charges totalling to Rs. 2,50,89,822/- debited in the profit and loss account came to 4.83% which approximated the net profit rate of 5% approved by the Hon’ble Co-ordinate Bench itself in the case of the assessee for the A.Y. 2009-10. It is also an uncontroverted finding of fact that

COMPUTER SCIENCES CORPORATION INDIA PRIVATE LIMITED,CHENNAI vs. ACIT, CHENNAI

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2007-08 Computer Sciences Acit, Corporation India Private Company Circle 1(3), Limited, Chennai [Formerly Covansys (India) Private Limited], बनाम/ Unit 13, Block 2, Sdf Buildings, Vs. Madras Export Processing Zone, Tambaram, Chennai (Assessee / Appellant) (Revenue / Respondent) Pan: Aaacc1351M Assessee By Shri Neeraj Jain, Adv. Shri Abhishek Agrawal, Ca Revenue By Shri P.K. Mishra, Cit Dr Date Of Hearing 12.07.2023 Date Of Pronouncement

section 32(1) by making a sufficient note in assessment-order. Consequently, we uphold AO’s action. The assessee fails in this ground. Ground No. 23: 32. This ground relates to the cost of Rs. 73,10,920/- incurred by assessee towards licensed software treated by AO as capital expenditure. 33. The assessee has incurred cost towards purchase of licensed

ASSISTANT COMMISSIONER OF INCOME TAX 1 (1), INDORE vs. M/S FERRO CONCREATE CONSTRUCTION (INDIA) PVT. LTD INDORE, INDORE

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

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned.” Thus, the words “Income chargeable to tax” are of prime importance to the section 147. However, it can be seen from the reasons as reproduced above that the Assessing Officer did not mention the words “Income chargeable to tax” in the reasons which

M/S. FERRO CONCRETE CON. INDIA PVT. LTD.,INDORE vs. THE DCIT CIRCLE-1(1), INDORE

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

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned.” Thus, the words “Income chargeable to tax” are of prime importance to the section 147. However, it can be seen from the reasons as reproduced above that the Assessing Officer did not mention the words “Income chargeable to tax” in the reasons which

M/S. FERRO CONCRETE CON. INDIA PVT. LTD.,INDORE vs. THE PR.CIT-1, INDORE

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

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned.” Thus, the words “Income chargeable to tax” are of prime importance to the section 147. However, it can be seen from the reasons as reproduced above that the Assessing Officer did not mention the words “Income chargeable to tax” in the reasons which

SARTHAK REAL BUILT PVT. LTD, ,INDORE vs. DY, CIT,CPC-TDS, GHAZIABAD

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

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned.” Thus, the words “Income chargeable to tax” are of prime importance to the section 147. However, it can be seen from the reasons as reproduced above that the Assessing Officer did not mention the words “Income chargeable to tax” in the reasons which

M/S MADHYA PRADESH VIDHYUT MANDAL KARMACHARI PRASPAR SAHKARI SAKH SANSTHA MARYADIT,INDORE vs. THE ACIT CIRCLE 4(1), INDORE

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

Bench: Shri Kul Bharat, Hon’Ble & Shri Manish Borad, Hon’Blea.Y. 2013-14 Madhya Pradesh Vidyut Mandal Karmachari Sahkari Sakh Sanstha Ltd. Indore ::: Appellant Vs Acit Circle 4(1) Indore ::: Respondent Appellant By Shri Vijay Bansal & Shri Rajesh Sodani Respondent By Shri Ram Prakash Mourya Date Of Hearing 26.6.2018 Date Of Pronouncement 29.6.2018

112 3. Baliraja Gramin Bigarsheti vs.ITO, ITAT 4 Madhya Pradesh Vidyut Mandal ITA 413/Ind/2017 Pune (2018) 52 CCH 247 4. ITO Ward-1 Sirsi vs. M/s The Totagar’s Rural Cooperative Agricultural Credit Society Ltd.; ITAT SMC Bench –C, Bangalore 5. ITO vs. Lokopayogi Illakhe and Karnataka Neerawari Nawakara, ITAT Panaji Tribunal (2015) 45 CCH 49 6. The Totgars Cooperative

M/S. INDORE PARASPAR SAHAKARI BANK LTD.,INDORE vs. ACIT-I(I), INDORE

In the result this common issue is decided in favour of the assessee and the relevant grounds raised in Assessment Year 2008-09 to Assessment Year 2012-13 in I

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

depreciation, if any, is required to be provided for in the accounts. The latest guidelines of the RBI may be referred to for allowing any such claims.” 7. The instructions clearly provide for amortization of premium paid on acquisition of securities when the same are acquired at the rate higher than the face value. Such amortization would have

M/S INDORE PARASPAR SAHKARI BANK LTD. ,INDORE vs. INCOME TAX OFFICER -2 (5) , INDORE

In the result this common issue is decided in favour of the assessee and the relevant grounds raised in Assessment Year 2008-09 to Assessment Year 2012-13 in I

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

depreciation, if any, is required to be provided for in the accounts. The latest guidelines of the RBI may be referred to for allowing any such claims.” 7. The instructions clearly provide for amortization of premium paid on acquisition of securities when the same are acquired at the rate higher than the face value. Such amortization would have

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&

Depreciation Allowance ITA No. eligible 2014-15 782/Ind/18 22,57,23,589 24,90,00,667 816/Ind/18 97,09,02,604 97,09,02,604 2015-16 819/Ind /19 98,41,52,223 97,51,19,828 881/Ind /19 67,37,77,768 - 2016-17 820/Ind/19 1,02,40,00,000 - 882/ Ind/19

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&

Depreciation Allowance ITA No. eligible 2014-15 782/Ind/18 22,57,23,589 24,90,00,667 816/Ind/18 97,09,02,604 97,09,02,604 2015-16 819/Ind /19 98,41,52,223 97,51,19,828 881/Ind /19 67,37,77,768 - 2016-17 820/Ind/19 1,02,40,00,000 - 882/ Ind/19

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&

Depreciation Allowance ITA No. eligible 2014-15 782/Ind/18 22,57,23,589 24,90,00,667 816/Ind/18 97,09,02,604 97,09,02,604 2015-16 819/Ind /19 98,41,52,223 97,51,19,828 881/Ind /19 67,37,77,768 - 2016-17 820/Ind/19 1,02,40,00,000 - 882/ Ind/19

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&

Depreciation Allowance ITA No. eligible 2014-15 782/Ind/18 22,57,23,589 24,90,00,667 816/Ind/18 97,09,02,604 97,09,02,604 2015-16 819/Ind /19 98,41,52,223 97,51,19,828 881/Ind /19 67,37,77,768 - 2016-17 820/Ind/19 1,02,40,00,000 - 882/ Ind/19

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&

Depreciation Allowance ITA No. eligible 2014-15 782/Ind/18 22,57,23,589 24,90,00,667 816/Ind/18 97,09,02,604 97,09,02,604 2015-16 819/Ind /19 98,41,52,223 97,51,19,828 881/Ind /19 67,37,77,768 - 2016-17 820/Ind/19 1,02,40,00,000 - 882/ Ind/19

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&

Depreciation Allowance ITA No. eligible 2014-15 782/Ind/18 22,57,23,589 24,90,00,667 816/Ind/18 97,09,02,604 97,09,02,604 2015-16 819/Ind /19 98,41,52,223 97,51,19,828 881/Ind /19 67,37,77,768 - 2016-17 820/Ind/19 1,02,40,00,000 - 882/ Ind/19