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16 results for “depreciation”+ Section 145(3)clear

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Key Topics

Section 143(3)21Addition to Income16Section 234A10Section 133A9Section 80I9Section 143(2)8Section 2638Section 1485Depreciation5Section 145(3)

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

section 145 in so far as the computation of business income under the Income Tax Act for the purpose of determining income is concerned. In the instant case, we find that the learned Assessing Officer has brought no material on record to show that the system of accounting adopted by the assessee for the year under appeal was not consistently

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 Indore
4
Disallowance4
Unexplained Investment3
08 Jun 2023
AY 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

depreciation has been filed. iv) This office has called for Books of account and it was observed that ledger was not supported with complete bills. Hence rejection of books of account during the course of assessment proceedings by invoking provision to Section 145(3

SHRI NARSHING BINDAL,DEWAS vs. ACIT 1(1), UJJAIN

ITA 90/IND/2021[2015-16]Status: DisposedITAT Indore09 Jan 2023AY 2015-16

Bench: Shri Siddhartha Nautiyal & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2015-16 Shri Narsingh Bindal, Acit-1(1) 154, M.G. Road, Kannod, Ujjain बनाम/ Dewas Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Ajhpb 1234 B Assessee By Shri R.S. Dave, Adv. Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 27.12.2022 Date Of Pronouncement 09.01.2023

Section 143(2)Section 143(3)Section 145(3)

section u/s 145(3) of the Act and rejected books of accounts. Thereafter, the Ld. AO estimated the business income of assessee at Rs. 55,74,215/- and after deducting the net profit of Rs. 24,63,665/- from business declared by assessee in return, determined additional business income of Rs. 31,10,550/- and made addition. When the issue

M/S CUMMINS TECHNOLOGIES INDIA PRIVATE LIMITED,DEWAS vs. THE ACIT CIRCLE 1(1), UJJAIN

In the result, appeal of assessee is partly allowed

ITA 53/IND/2023[2009-10]Status: DisposedITAT Indore25 Aug 2023AY 2009-10

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanicummins Technologies Acit Circle -1(1) India Pvt. Ltd. Ujjain Industrial Area No.2 A.B. Vs. Road Industrial Area Dewas (Appellant / Assessee) (Respondent/ Revenue) Pan: Aabct2018B Assessee By Shri Ketan K. Ved. Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 10.07.2023 Date Of Pronouncement 25.08.2023

Section 143(3)Section 148Section 44A

depreciation allowance or any other allowance under this Act has been computed." 15- In light of the aforesaid statutory provision, in the present case, notice has been served within six years from the end of the relevant assessment year and the tax effect is in crores of rupees and therefore, the Assessing Officer was justified in initiating proceedings

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

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

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

ITA 288/IND/2015[2010-11]Status: DisposedITAT Indore16 Jan 2018AY 2010-11

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

Section 143(2)Section 143(3)Section 43BSection 80I

3) ………” Thus, in the definition given in erstwhile Section 80IA(12) of the Act, in the case of developing and operating infrastructure facility, “initial assessment year’ was the assessment year specified by the assessee at his option to be the initial year. Though these provisions are no more on the statue at present, strength can be drawn from these provisions

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

depreciation on extra cost of construction added by AO 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.” Revenue’s IT(SS)A No. 82/Ind/2020 and Assessee’s Ground No. 1 & 2 in ITA No. 172/Ind/2020

CHANDUMAL THAWARI,BETUL vs. JCIT RANGE-2, BHOPAL

In the result appeal of the assessee is partly allowed

ITA 837/IND/2019[2010-11]Status: DisposedITAT Indore30 Apr 2021AY 2010-11

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year: 2010-11

Section 143(2)Section 234ASection 69C

section 145 and rejected the book results and proceeded to estimate profit. The assessing officer adopted the average of gross profit of earlier two financial years and made addition of Rs.6,44,750/-. Further, the assessing officer made addition on account of low withdrawal for household expenses amounting to Rs.6,19,000/- but did not made separate additions as addition

M/S THE HIND RATAN LOGISTICS ,INDORE vs. INCOME TAX OFFICER- 5(3), INDORE

In the result Ground No.2 of the

ITA 11/IND/2018[2014-15]Status: DisposedITAT Indore31 Oct 2019AY 2014-15

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2014-15 Pan : Aafft3777N

For Appellant: Shri Adik Bansal, CAFor Respondent: Shri R.S. Ambedkar, Sr.DR
Section 143(2)Section 143(3)Section 145Section 44A

section 145 of the Income Tax Act. 4.Appellant reserve his right to add, alter or amend any grounds of appeal at the time of hearing or before. 5. Apropos to Ground No.1 for unexplained credit of Rs.30,50,000/- in the capital account of the partners Ld. Counsel for the assessee submitted that the partners were having sufficient funds

ASIAN BUSINESS CONECTION PVT. LTD.,BHOPAL vs. DCIT - 1(1) , BHOPAL

ITA 936/IND/2018[2015-16]Status: DisposedITAT Indore25 Sept 2019AY 2015-16

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2015-16 M/S. Asian Business Dcit-1(1), Connections Private Ltd, Vs. Bhopal Fm-18, Man Sarovar Complex, 7No. Stop, Shivaji Nagar, Bhopal (Appellant) (Respondent ) Pan No.Aaica1206D

Section 139(1)Section 143(2)Section 143(3)Section 2Section 2(22)Section 2(22)(e)Section 35D

depreciation nor provision for taxation and dividends. 25. On a bare perusal of section 2(22)(e), it becomes clear that it brings to tax three types of payments. Firstly, any loans/ advances to shareholders. Secondly, it includes any payment on behalf of a shareholder. Thirdly, it includes any payment for the individual benefit of a shareholder. 26. As held

INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT 5(1), INDORE

The appeal of the assessee is dismissed

ITA 104/IND/2013[2009-10]Status: DisposedITAT Indore19 Sept 2018AY 2009-10

Bench: Shri Kul Bharat & Shri Manish Borada.Y. 2009-10

Section 14ASection 43A

3 of PB). This was repayable by the assessee exactly after one year i.e. on 17.07.2009. However, in the mean time while closing the accounts on 31.03.2009, the rate of dollar rose to Rs. 51.37 hence the assessee made a provision of Rs. 50,62,032 i.e. $ 585206 X (51.37 – 42.72) and debited the same to P & L Account

SOM DISTILLERIES PVT. LTD.,BHOPAL vs. ITO-1(3), BHOPAL

Appeal is partly allowed for statistical

ITA 272/IND/2023[2014-15]Status: DisposedITAT Indore02 Aug 2024AY 2014-15

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

Section 139(1)Section 143(2)Section 143(3)Section 234A

Section 145 are applicable. The books of accounts are also not been rejected, hence the adhoc disallowance are wholly unlawful and unjustified. The assessee submits that the disallowance is neither justified nor lawful. From the perusal of the chart, the increase in mainly on account Page 32 of 54 Som Distilleries Private Limited I.T.A. Nos. 272 & 289/Ind/2023

ASST. COMMISSIONER OF INCOME TAX (CENTRAL)-I, BHOPAL , BHOPAL vs. SOM DISTILLERIES PRIVATE LIMITED, BHOPAL

Appeal is partly allowed for statistical

ITA 289/IND/2023[2014-15]Status: DisposedITAT Indore02 Aug 2024AY 2014-15

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

Section 139(1)Section 143(2)Section 143(3)Section 234A

Section 145 are applicable. The books of accounts are also not been rejected, hence the adhoc disallowance are wholly unlawful and unjustified. The assessee submits that the disallowance is neither justified nor lawful. From the perusal of the chart, the increase in mainly on account Page 32 of 54 Som Distilleries Private Limited I.T.A. Nos. 272 & 289/Ind/2023

SHRI GOPAL SONI,MANDSAUR vs. ADDLL. CIT , RATLAM

In the result appeal of the assessee for Assessment Years 2000-01 is

ITA 714/IND/2017[02-03]Status: DisposedITAT Indore14 May 2019

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

Section 133ASection 143(3)Section 220(2)Section 234ASection 234BSection 234C

3 SCC 410 SC Your honours further kind attention is also drawn towards the facts that assessee was gunshot in Year 2004 and due to the said incident he was paralyzed from 2004 and confined to bed and his jewelry business also closed and is surviving on God mercy only and on verge of so many non curable deceases

SHRI GOPAL KRISHNA SONI,MANDSAUR vs. COMMISSIONER OF INCO ME-TAX , RATLAM

In the result appeal of the assessee for Assessment Years 2000-01 is

ITA 712/IND/2017[2000-01]Status: DisposedITAT Indore14 May 2019AY 2000-01

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

Section 133ASection 143(3)Section 220(2)Section 234ASection 234BSection 234C

3 SCC 410 SC Your honours further kind attention is also drawn towards the facts that assessee was gunshot in Year 2004 and due to the said incident he was paralyzed from 2004 and confined to bed and his jewelry business also closed and is surviving on God mercy only and on verge of so many non curable deceases

SHRI GOPAL KRISHNA SONI,MANDSAUR vs. ASSTT.COMMISSIONER OF INCOME TAX, RATLAM

In the result appeal of the assessee for Assessment Years 2000-01 is

ITA 713/IND/2017[2001-2002]Status: DisposedITAT Indore14 May 2019AY 2001-2002

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

Section 133ASection 143(3)Section 220(2)Section 234ASection 234BSection 234C

3 SCC 410 SC Your honours further kind attention is also drawn towards the facts that assessee was gunshot in Year 2004 and due to the said incident he was paralyzed from 2004 and confined to bed and his jewelry business also closed and is surviving on God mercy only and on verge of so many non curable deceases