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20 results for “depreciation”+ Section 131(3)clear

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Key Topics

Section 143(3)29Section 14728Section 80I20Section 69B15Addition to Income12Section 14810Section 153A8Limitation/Time-bar8Depreciation7Section 144

ASSISTANT COMMISSIONER OF INCOME TAX, INDORE vs. COMMANDER INDUSTRIES PRIVATE LIMITED, INDORE

In the result, the appeal of the revenue and CO of assessee are dismissed

ITA 24/IND/2024[2020-21]Status: DisposedITAT Indore25 Oct 2024AY 2020-21
Section 139(1)Section 142(1)Section 143(2)Section 32(1)Section 43(1)Section 43(6)(c)Section 47

section 47(vi) of the Act. Therefore, the assessee cannot take amount of capital asset different from amalgamating companies because the transactions would not be treated as transfer and cost of asset as to be same in case of successor. The depreciation is allowable only on written down value of block assets considering actual cost and any asset which

6
Section 686
Reassessment6

CUMMINS TECHNOLOGIES INDIA (P) LTD.,DEWAS vs. ACIT CIRCLE 1(1), UJJAIN

In the result, the appeal of the assesse is allowed

ITA 982/IND/2019[2015-16]Status: DisposedITAT Indore30 Nov 2023AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanicommins Technologies India Acit, Circle -1(1) Private Limited Ujjain Vs. Industrial Area No.2, A.B. Road, M.P. (Appellant / Assessee) (Revenue) Pan: Aabct2018B Assessee By Shri Ketan Ved & Pinkesh Vakharia Ars Revenue By Ms. Simran Bhullar, Cit-Dr Date Of Hearing 29.11.2023 Date Of Pronouncement 30.11.2023

Section 143(3)Section 144CSection 144C(5)

depreciation was claimed against this cost in the return of income filed by the Assessee for the year under consideration. 5.4 On the facts and in circumstances of the case and in law, the learned AO / T * PO pursuant to the directions of Hon'ble DRP, has erred by not taking cognizance of the evidences submitted by the Appellant which

ASSISSTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

ITA 374/IND/2023[2018-19]Status: DisposedITAT Indore17 Oct 2024AY 2018-19

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

Section 143(3)Section 147Section 148Section 80I

depreciation allowance or any other allowance or deduction for such assessment year (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year). Explanation.—For the purposes of assessment or reassessment or recomputation under this section, the Assessing Officer may assess or reassess the income in respect of any issue, which has escaped assessment

ASSISSTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

ITA 373/IND/2023[2020-21]Status: DisposedITAT Indore17 Oct 2024AY 2020-21

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

Section 143(3)Section 147Section 148Section 80I

depreciation allowance or any other allowance or deduction for such assessment year (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year). Explanation.—For the purposes of assessment or reassessment or recomputation under this section, the Assessing Officer may assess or reassess the income in respect of any issue, which has escaped assessment

ASSISSTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

ITA 372/IND/2023[2017-18]Status: DisposedITAT Indore17 Oct 2024AY 2017-18

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

Section 143(3)Section 147Section 148Section 80I

depreciation allowance or any other allowance or deduction for such assessment year (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year). Explanation.—For the purposes of assessment or reassessment or recomputation under this section, the Assessing Officer may assess or reassess the income in respect of any issue, which has escaped assessment

ASSISTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

ITA 371/IND/2023[2013-14]Status: DisposedITAT Indore17 Oct 2024AY 2013-14

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

Section 143(3)Section 147Section 148Section 80I

depreciation allowance or any other allowance or deduction for such assessment year (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year). Explanation.—For the purposes of assessment or reassessment or recomputation under this section, the Assessing Officer may assess or reassess the income in respect of any issue, which has escaped assessment

ASSISTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

ITA 370/IND/2023[2012-13]Status: DisposedITAT Indore17 Oct 2024AY 2012-13

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

Section 143(3)Section 147Section 148Section 80I

depreciation allowance or any other allowance or deduction for such assessment year (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year). Explanation.—For the purposes of assessment or reassessment or recomputation under this section, the Assessing Officer may assess or reassess the income in respect of any issue, which has escaped assessment

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

In the result, appeal of Revenue is dismissed

ITA 89/IND/2022[2012-13]Status: DisposedITAT Indore08 Jun 2023AY 2012-13

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

Section 12ASection 138Section 144Section 145

section 145(3) of the Act and framed the assessment as on the basis of best judgement. 6. The AO has passed assessment order u/s 144 of the Act when there was no response or compliance on the part of the assessee to the notices issued by the AO u/s 142(1) as well as summons u/s 131

M/S S.D.BANSAL IRON & STEEL P LTD ,BHOPAL vs. DCIT,CENTRAL-1, BHOPAL

Appeals are partly allowed for statistical purposes

ITA 170/IND/2020[2012-13]Status: DisposedITAT Indore15 May 2023AY 2012-13

Bench: Shri Chandra Mohan Garg & Shri B.M. Biyani

Section 143(3)Section 69BSection 69C

depreciation on extra cost of construction added by him as per report of DVO.” Additional ground by assessee: “That the Ld. CIT(A) erred in confirming addition of Rs. 47,52,500/- made by AO invoking provisions of section 69C on account of alleged unexplained expenditure vide para 11.6 of order of assessment.” 3. Heard the learned representatives of both

M/S BANSAL EXTRACTION & EXPORT P LTD,BHOPAL vs. DCIT,CENTRAL-1, BHOPAL

In the result, the appeal of assessee is dismissed

ITA 164/IND/2022[2011-12]Status: DisposedITAT Indore20 Sept 2023AY 2011-12

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Bansal Extraction & Dcit Export Pvt. Ltd. Central-1 3Rd Floor Tawa Complex, Bittan Bhopal Vs. Market E-4, Arera Colony, Bhopal (Appellant / Assessee) (Revenue) Pan: Aadcb 7521 M Assessee By Shri Anil Khabya, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 05.09.2023 Date Of Pronouncement 20.09.2023

Section 143(3)Section 153ASection 69B

depreciation on extra cost of construction added by him as per report of VO(P&M) is not allowable to assessee under the provisions of Act as addition on account of undisclosed investment has been made u/s 69B of the Act.” 2. The Only grievance of the assessee in the present appeal is regarding the assessed income taken

M/S JAYGANGA EXIM INDIA (P) LTD.,KOLKATA vs. DCIT, CIRCLE-II, BHOPAL

ITA 28/IND/2022[2012-13]Status: DisposedITAT Indore02 Jan 2024AY 2012-13

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2012-13 M/S. Jayganga Exim India Pvt. Dy. Cit, Limited Central-Ii, [Formerly Known As ‘Jay Jyoti Bhopal (India) Pvt. Ltd.’] बनाम/ 26, Col. Biswas Road, Ground Floor, Vs. West Side Flat, Kolkata (Assessee / Appellant) (Revenue / Respondent) Pan: Aaacj 8822 E Assessee By Shri Harsh Vijaywargiya, Ca Revenue By Ms. Simran Bhullar, Cit Dr Date Of Hearing 21.11.2023 Date Of Pronouncement 02.01.2024

Section 144Section 147Section 37Section 68

3 of reasons, the AO has noted that the assessee has not shown the transactions relating to M/s Bhagya. Thus, referring to all these paras of reasons, Ld. AR submitted that the sole basis of re-opening assessee’s case adopted by AO is that the assessee had entered into sham transactions of Rs. 5,11,00,000/- with

M/S BANSAL EXTRACTION & EXPORT P LTD ,BHOPAL vs. DCIT CENTRAL-1, BHOPAL

ITA 171/IND/2020[2011-12]Status: DisposedITAT Indore03 Feb 2023AY 2011-12

Bench: Shri Chandra Mohan Garg & Shrib.M. Biyaniassessment Year: 2011-12 M/S. Bansal Extraction & Dcit(Central)-1 बनाम/ Exports (P) Ltd.,Bhopal Bhopal Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Aadcb7521M Assesseeby Shri Anil Khabya, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 09.11.2022 Date Of Pronouncement 03.02.2023

Section 131(1)(d)Section 132Section 142ASection 143(3)Section 153ASection 69B

depreciation on extra cost of construction added by him as per report of VO(P&M).” M/s Bansal Extraction & Exports (P) Ltd. Assessment years 2011-12 2. Heard the learned representatives of both sides and case records perused. 3. Briefly stated the facts are such that a search u/s 132 was conducted upon assesseein June, 2011 and the case

M/S BANSAL EXTRACTION & EXPORT P LTD,BHOPAL vs. DCIT,CENTRAL-1, BHOPAL

Appeal is dismissed

ITA 165/IND/2022[2012-13]Status: DisposedITAT Indore15 May 2023AY 2012-13

Bench: Shri Chandra Mohan Garg & Shri B.M. Biyaniit(Ss)A No. 82/Ind/2020 Assessment Year: 2012-13 Dcit (Central)-1 M/S. Bansal Extraction & बनाम/ Bhopal Exports (P) Ltd., Bhopal Vs. (Appellant / Revenue) (Respondent / Assessee) Pan: Aadcb 7521 M

Section 132Section 143(3)Section 250Section 69B

section 131(1)(d) for estimation of the value of investment but the DVO did not submit report till completion of assessment. Therefore, the AO noted in assessment-order “Since this case shall get barred by limitation on 31/03/2014, therefore, this assessment-order is being passed. However, after receiving the valuation report from DVO, if anything adverse is found, then

M/S. BRIDGESTONE INDIA PVT. LTD.,PUNE vs. THE ACIT NFAC, DELHI

In the result, appeal of assessee is partly allowed

ITA 84/IND/2022[2017-18/]Status: DisposedITAT Indore17 Jul 2023

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanibridgestone India Pvt. Ltd. Acit (Nfac) Plot No.A-43, Phase-Ii, Delhi Midc Chakan, Village Vs. Sawardari, Taluka Khed, Pune (Appellant / Assessee) (Respondent/ Revenue) Pan: Aabcb 2304 E Assessee By Shri Sukhsagar Syal, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 23.05.2023 Date Of Pronouncement 17.07.2023

Section 143(3)Section 144C(13)Section 144C(5)Section 43(1)

depreciation. Accordingly, both grounds of appeal are allowed. 8. To maintain the rule of consistency we follow the earlier order of this Tribunal and decide this issue in favour of the assessee so far as the subsidy received by the assesse under Maharashtra Industrial Promotion Scheme. 9. Ground no.2 is regarding the addition made

ITO 1(3), AYKAR BHAWAN ANNEX, INDORE vs. M/S. FAIRDEAL ENGINEERING & BODY BUILDING CO. (P) LTD. , KOLKATA

In the result, the appeal of Revenue is dismissed

ITA 920/IND/2019[2012-13]Status: DisposedITAT Indore24 Jan 2023AY 2012-13

Bench: Ms. Madhumita Roy & Shri B.M. Biyani

Section 143(2)Section 144Section 68

131, the director of the lender-company M/s Drastic Forging Pvt. Ltd. appeared in person and the documentary evidences such as copy of latest ITR of the lender-company for AY 2018-19, copy of ITR of AY 2012-13 and copy of audit report of AY 2012-13 were filed. Thus, the first limb of section 68 i.e. identity

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

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

ITA 813/IND/2024[2015-16]Status: DisposedITAT Indore17 Dec 2025AY 2015-16

Bench: Shri Siddhartha Nautiyal & Shri Bhagirath Mal Biyani

For Appellant: Shri Anil Kamal Garg, CA & Shri Aayush Garg, CAFor Respondent: Shri Ashish Porwal, Sr. DR
Section 147Section 148A

3, challenging the reopening of assessment and alleging non-compliance with the procedure under section 148A, were dismissed by holding that notice under section 148A(b) had in fact been issued and that at the stage of reopening, only prima facie material is required. Reliance was placed on the judgment of the Hon’ble Supreme Court in Raymond Woollen Mills

INCOME TAX OFFICER 2(1), BHOPAL, BHOPAL vs. PURUSHOTTAM GUPTA, BHOPAL

In the result appeal of the revenue is allowed and\n\"impugned order” is set aside

ITA 278/IND/2024[2016-17]Status: DisposedITAT Indore08 Jul 2025AY 2016-17
Section 133(6)Section 142(1)Section 143(2)Section 250Section 253

3 year including current\nyear in the following format: - Turnover, Goss profit (before\ndepreciation), GP margin (before depreciation), Net profit,\nN.P. margin. Reasons for short fall in Gross profit margin, if\nany may be explained with supporting evidences.\n3. Month-wise details of opening stocks, purchase, sale and\nclosing stock of different materials -indicate quantity and\nvalue wise.\n2.10 That

THE ACIT, CENTRAL-2, INDORE vs. M/S. CHUGH REALTY, INDORE

In the result, the appeals of the Revenue for the A

ITA 238/IND/2017[2013-14]Status: DisposedITAT Indore23 Aug 2021AY 2013-14

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad(Virtual Hearing)

3. Being aggrieved, the assessee filed appeals for all three assessment years before the Ld. CIT(A) and the Ld. CIT(A) deleted the additions made by the AO. 4. Felt aggrieved, the Revenue is in appeals before this Tribunal for all the three assessment years. As all three appeals relate to the same assessee and the issues raised

THE ACIT, CENTRAL-2, INDORE vs. SHRI MOHANLAL CHUGH, INDORE

In the result, the appeals of the Revenue for the A

ITA 239/IND/2017[2013-14]Status: DisposedITAT Indore23 Aug 2021AY 2013-14

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad(Virtual Hearing)

3. Being aggrieved, the assessee filed appeals for all three assessment years before the Ld. CIT(A) and the Ld. CIT(A) deleted the additions made by the AO. 4. Felt aggrieved, the Revenue is in appeals before this Tribunal for all the three assessment years. As all three appeals relate to the same assessee and the issues raised

THE ACIT, CENTRAL-2, INDORE vs. SHRI NITESH CHUGH, INDORE

In the result, the appeals of the Revenue for the A

ITA 122/IND/2017[2013-14]Status: DisposedITAT Indore23 Aug 2021AY 2013-14

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad(Virtual Hearing)

3. Being aggrieved, the assessee filed appeals for all three assessment years before the Ld. CIT(A) and the Ld. CIT(A) deleted the additions made by the AO. 4. Felt aggrieved, the Revenue is in appeals before this Tribunal for all the three assessment years. As all three appeals relate to the same assessee and the issues raised