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

In the result, the appeal of the assesse is allowed

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

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

M/S. COMPUTER SCIENCE CORPORATION INDIA PVT. LTD.,CHENNAI vs. THE ACIT-CIRCLE 2(1), INDORE

In the result, all the three appeals are partly allowed for statistical purpose and the Stay Application is also disposed of

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

133(6) that the company is not having any revenue from sale of products during the subject year. In relation to the above allegations of the TPO, the Ld. AR submitted that from pages 767 to 770 of the paper-book, it is quite apparent that E-zest Solutions Limited is not just providing software development services but is also

M/S. COMPUTER SCIENCE CORPORATION INDIA PVT. LTD.,CHENNAI vs. DEPUTY COMMISSIONER OF INCOME TAX-CIRCLE 2(1) , INDORE

In the result, all the three appeals are partly allowed for statistical purpose and the Stay Application is also disposed of

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

133(6) that the company is not having any revenue from sale of products during the subject year. In relation to the above allegations of the TPO, the Ld. AR submitted that from pages 767 to 770 of the paper-book, it is quite apparent that E-zest Solutions Limited is not just providing software development services but is also

M/S. COMPUTER SCIENCES CORPORATION INDIA PRIVATE LIMITED,INDORE vs. THE ASST. COMMISSIONER OF INCOME TAX-2(1), INDORE

In the result, all the three appeals are partly allowed for statistical purpose and the Stay Application is also disposed of

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

133(6) that the company is not having any revenue from sale of products during the subject year. In relation to the above allegations of the TPO, the Ld. AR submitted that from pages 767 to 770 of the paper-book, it is quite apparent that E-zest Solutions Limited is not just providing software development services but is also

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

section. Accordingly, the AO has held that appellant was not eligible for depreciation on goodwill, which was not an existing asset or part of block of asset of the amalgamating companies and held that the impugned transaction for claiming the deduction on account of the depreciation is an arrangement for claiming the higher depreciation which is unwanted under the provisions

M/S. ASPIRANT MERCANTILE COMPANY PRIVATE LIMITED,INDORE vs. THE ITO 3(3), INDORE

In the result, these three appeals of by different assessees in ITANo

Bench: Hon'Ble I Kul Bharat & Hon'Ble Manish Boradassessment Year: 2010-11 Avocado Trading Company Private Ito 3(3) Limited Indore बनाम/ G.J. Shah & Company, Chartered Vs. Accountants 404, Manas Bhawan, 11 Rnt Marg, Indore-452001 (Appellant) (Revenue) Pan: Aagca4206K Assessment Year: 2010-11 Aspirant Mercantile Company Private Ito 3(3) Limited Indore बनाम/ G.J. Shah & Company,Chartered Vs. Accountants 404, Manas Bhawan, 11 Rnt Marg, Indore-452001 (Appellant) (Revenue) Pan: Aagca4207J

Section 68 on the alleged ground that it is unexplained cash credit. Avocado Trading Co. and others ITA Nos.362 to 364/Ind/2012 2. The Appellant prays that the said addition be deleted. GROUND 2: ADDITION OF TRADE ADVANCES AS UNEXPLAINED CREDIT 1.On the facts and in the circumstances of the case and in law, the CIT(A) erred in the upholding

M/S. AVOCADO TRADING COMPANY PRIVATE LIMITED,INDORE vs. THE ITO 3(3), INDORE

In the result, these three appeals of by different assessees in ITANo

Bench: Hon'Ble I Kul Bharat & Hon'Ble Manish Boradassessment Year: 2010-11 Avocado Trading Company Private Ito 3(3) Limited Indore बनाम/ G.J. Shah & Company, Chartered Vs. Accountants 404, Manas Bhawan, 11 Rnt Marg, Indore-452001 (Appellant) (Revenue) Pan: Aagca4206K Assessment Year: 2010-11 Aspirant Mercantile Company Private Ito 3(3) Limited Indore बनाम/ G.J. Shah & Company,Chartered Vs. Accountants 404, Manas Bhawan, 11 Rnt Marg, Indore-452001 (Appellant) (Revenue) Pan: Aagca4207J

Section 68 on the alleged ground that it is unexplained cash credit. Avocado Trading Co. and others ITA Nos.362 to 364/Ind/2012 2. The Appellant prays that the said addition be deleted. GROUND 2: ADDITION OF TRADE ADVANCES AS UNEXPLAINED CREDIT 1.On the facts and in the circumstances of the case and in law, the CIT(A) erred in the upholding

M/S. FROLIC REALTY PRIVATE LIMITED,INDORE vs. THE ITO 3(3), INDORE

In the result, these three appeals of by different assessees in ITANo

Bench: Hon'Ble I Kul Bharat & Hon'Ble Manish Boradassessment Year: 2010-11 Avocado Trading Company Private Ito 3(3) Limited Indore बनाम/ G.J. Shah & Company, Chartered Vs. Accountants 404, Manas Bhawan, 11 Rnt Marg, Indore-452001 (Appellant) (Revenue) Pan: Aagca4206K Assessment Year: 2010-11 Aspirant Mercantile Company Private Ito 3(3) Limited Indore बनाम/ G.J. Shah & Company,Chartered Vs. Accountants 404, Manas Bhawan, 11 Rnt Marg, Indore-452001 (Appellant) (Revenue) Pan: Aagca4207J

Section 68 on the alleged ground that it is unexplained cash credit. Avocado Trading Co. and others ITA Nos.362 to 364/Ind/2012 2. The Appellant prays that the said addition be deleted. GROUND 2: ADDITION OF TRADE ADVANCES AS UNEXPLAINED CREDIT 1.On the facts and in the circumstances of the case and in law, the CIT(A) erred in the upholding

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

133(6) as the same is not available in public domain. In this regard, Ld. AR relied upon the decision of ITAT, Bangalore in HCL EAI Services Limited Vs. DCIT, ITA No. 1348/Bang/2011 where, in Para No. 15, it was categorically observed by ITAT that this company does not satisfy employee cost filter. The ITAT also observed that while applying

DEPUTY COMMISSIONER OF INCOME TAX - 3(1), INDORE vs. SHRI RAJEEV AJMERA, INDORE

In the result, the appeal of Revenue is partly allowed for statistical purposes

Bench: Ms.Suchitra Kamble & Shrib.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2010-11 Dcit-3(1) Shri Rajeev Ajmera, Indore बनाम/ Indore Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Abgpa4930L Co No.23/Ind/2018 (Arising Out Of Ita No.51/Ind/2018) Assessment Year: 2010-11 Shri Rajeev Ajmera, Dcit-3(1) Indore Indore बनाम/ Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Abgpa4930L Assessee By Shri Mahendra Mittal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 23.08.2022 Date Of Pronouncement 31.08.2022 आदेश/ O R D E R

133(6) of the IT Act, to the ADIT(Investigation). Therefore, in the light of the confirmations and subsequent verification done along with the above judicial decisions and taking into account the totality of the facts and circumstances of the case, there is found to be no basis to doubt the genuineness of payments of commission / brokerage by the appellant

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

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

133(6) of the Income Tax Act, 1961 and alsoissued summons under Section 131 of the Income Tax Act, 1961 to the directors of the creditor company. The AO, in his remand report, has admitted that in response to the letters and summons so issued, the lender company has furnished the necessary documents so called for and the directors

ACIT CENTRAL-2, INDORE vs. SHRI SANJAY SHUKLA, INDORE

In the result, appeal of the assessee in ITANo

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year:2013-14 Shri Sanjay Shukla, Acit Central Circle 2, बनाम/ Indore Indore Vs. (Appellant) (Respondent ) P.A. No.Ahqps8882D Assessment Year:2013-14 Acit Central Circle 2, Shri Sanjay Shukla, बनाम/ Indore Indore Vs. (Appellant) (Respondent ) P.A. No.Ahqps8882D Assessee By Shri Pankaj Shah, Ca Revenue By Shri P.K. Mitra, Cit-Dr Date Of Hearing: 21.01.2022 Date Of Pronouncement: 15.03..2022 आदेश / O R D E R

section 14A of the Income Tax, 1961 read with rule 8D. 3. On the facts and in the circumstances of the case, the Ld.CIT(A) has erred in law in deleting the addition of 21,33,556/- made by the Assessing officer on account of disallowance of various expenses. 4. On the facts and in the circumstances of the case

SHRI SANJAY SHUKLA ,INDORE vs. ACIT,CENTRAL-CIRLE-2, INDORE

In the result, appeal of the assessee in ITANo

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year:2013-14 Shri Sanjay Shukla, Acit Central Circle 2, बनाम/ Indore Indore Vs. (Appellant) (Respondent ) P.A. No.Ahqps8882D Assessment Year:2013-14 Acit Central Circle 2, Shri Sanjay Shukla, बनाम/ Indore Indore Vs. (Appellant) (Respondent ) P.A. No.Ahqps8882D Assessee By Shri Pankaj Shah, Ca Revenue By Shri P.K. Mitra, Cit-Dr Date Of Hearing: 21.01.2022 Date Of Pronouncement: 15.03..2022 आदेश / O R D E R

section 14A of the Income Tax, 1961 read with rule 8D. 3. On the facts and in the circumstances of the case, the Ld.CIT(A) has erred in law in deleting the addition of 21,33,556/- made by the Assessing officer on account of disallowance of various expenses. 4. On the facts and in the circumstances of the case

ACIT 5 (1), BHOPAL vs. M/S VINDHYA SOLVENT PVT. LTD., BHOPAL

In the result, Revenue’s appeal is dismissed

Bench: Ms. Madhumita Roy& Shri Bhagirath Mal Biyani

6 - 1.5. The Appellant is engaged in the business of trading of Soya doc. Being a trading company, purchase of land or plant and machinery is not necessarily required to undertake trading activities, Your Honour will appreciate that expenditure on land / plant and machinery would usually be required in a manufacturing business. As regards the allegation of the learned

M/S. BHANDARI HOSPITAL AND RESEARCH CENTRE,INDORE vs. THE PR. CIT-1, INDORE

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 M/S Bhandari Hospital & Pr. Cit-(I) Research Centre, Gf-21 & Indore बनाम/ 22, Opp. Meghdoot Garden, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) P.A. No.Aadfb8151A

6,32,77,054 3,36,60,134 depreciation (D)={A-B+C} Profit ratio (D/A) 28.99% 4.70% 16.84% 12.65% Consequently the profit ratio is positive and is better than the immediately preceding year. 7. The deprecation on PET CTSCAN at Rs. 1,61,00,262/- has been rightly claimed at higher rate of 40% instead

SHRI SURENDRA KUMAR TRIPATHI,INDORE vs. ITO3(3), INDORE

In the result, Assessee’s appeal in

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2015-16 Surendra Kumar Tripathi Indore Pan:Aarpt4096N : Appellant V/S Ito 3(3) Indore : Respondent Appellant By Shri R.K. Khandelwal, Ar Revenue By Shri Harshit Bari, Sr. Dr Date Of Hearing 05.08.2021 Date Of Pronouncement 07.09.2021 O R D E R

133(6) of the Act. Ld. AO and treated it as bogus entry liable to tax u/s 41(1) of the Act. 8. We further observe that the assessee had purchased an office premise from Pride Construction situated at G-1, Pride Meridian, 2-A, Shri Nagar NX, Indore for Rs.47,81,000/- on 16.03.2012. Copy of registry is placed

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

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

133,30,03,030/- Aggrieved by order of re-assessment, the assessee went in appeal to Ld. CIT(A) but did not get any relief. Now, the assessee has come in next appeal before us. Submission by parties: 6. Ld. AR for assessee straightaway carried us to the reasons recorded by AO before issuing notice u/s 148. The said reasons

ASSISTANT COMMISSIONER OF INCOME TAX, RATLAM, RATLAM vs. SHRI SURESH CHAND JAIN, JHABUA

In the result, the appeal filed by the revenue for A

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani & Acit 5(1) Shri Suresh Chand Jain Indore 99, Thandla Road, Vs. Meghnagar,Jhabua (Appellant / Revenue) (Respondent/ Assessee) Pan:Aezpj 2697F Revenue By Shri P.K. Mishra, Cit-Dr Respondent By None Date Of Hearing 09.08.2023 Date Of Pronouncement 12 .09.2023

133(6) of the I.T. Act, making an enquiry by Inspector or issuing summons and commissions. No enquiry of whatsoever was made by the AO. During the course of appellate proceedings, the appellant furnished the confirmations from various persons. During the course of remand proceedings also, the AO has not made any enquiry. The AO without making any enquiry stated