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

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

152/- vide order dated 19/12/2011 u/s 143(3) by JCIT Range-(4), Indore. That the notice u/s 148 dated 04/03/15 and in compliance thereof, return was submitted and reasons for reopening was requested to DCIT Circle-1(1), Indore (M.P.). The Ld. AO supplied the reasons for reopening the assessment on 27/05/2015 and objections thereof were filed on 03/06/15

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

152/- vide order dated 19/12/2011 u/s 143(3) by JCIT Range-(4), Indore. That the notice u/s 148 dated 04/03/15 and in compliance thereof, return was submitted and reasons for reopening was requested to DCIT Circle-1(1), Indore (M.P.). The Ld. AO supplied the reasons for reopening the assessment on 27/05/2015 and objections thereof were filed on 03/06/15

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

152/- vide order dated 19/12/2011 u/s 143(3) by JCIT Range-(4), Indore. That the notice u/s 148 dated 04/03/15 and in compliance thereof, return was submitted and reasons for reopening was requested to DCIT Circle-1(1), Indore (M.P.). The Ld. AO supplied the reasons for reopening the assessment on 27/05/2015 and objections thereof were filed on 03/06/15

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

152/- vide order dated 19/12/2011 u/s 143(3) by JCIT Range-(4), Indore. That the notice u/s 148 dated 04/03/15 and in compliance thereof, return was submitted and reasons for reopening was requested to DCIT Circle-1(1), Indore (M.P.). The Ld. AO supplied the reasons for reopening the assessment on 27/05/2015 and objections thereof were filed on 03/06/15

S T I INDIA LTD.,INDORE vs. ACIT-5(1), INDORE

Appeals are disposed of as under:

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

depreciation on plant and machinery. The ground is similar to Ground No. 3 of Revenue’s appeal for Page 23 of 29 STI India Ltd. ITA Nos.11, 850, 12, 13/Ind/2019 & 22, 784, 23 & 24/Ind/2019 (A.Y.2012-13 to 2015-16) AY 2012-13 already adjudicated by us in foregoing paragraph. Hence, our same view shall apply mutatis mutandis. Respectfully applying the same

S T I INDIA LTD.,INDORE vs. ACIT-5(1), INDORE

Appeals are disposed of as under:

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

depreciation on plant and machinery. The ground is similar to Ground No. 3 of Revenue’s appeal for Page 23 of 29 STI India Ltd. ITA Nos.11, 850, 12, 13/Ind/2019 & 22, 784, 23 & 24/Ind/2019 (A.Y.2012-13 to 2015-16) AY 2012-13 already adjudicated by us in foregoing paragraph. Hence, our same view shall apply mutatis mutandis. Respectfully applying the same

S T I INDIA LTD.,INDORE vs. ACIT-5(1), INDORE

Appeals are disposed of as under:

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

depreciation on plant and machinery. The ground is similar to Ground No. 3 of Revenue’s appeal for Page 23 of 29 STI India Ltd. ITA Nos.11, 850, 12, 13/Ind/2019 & 22, 784, 23 & 24/Ind/2019 (A.Y.2012-13 to 2015-16) AY 2012-13 already adjudicated by us in foregoing paragraph. Hence, our same view shall apply mutatis mutandis. Respectfully applying the same

S T I INDIA LTD.,INDORE vs. ACIT-5(1), INDORE

Appeals are disposed of as under:

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

depreciation on plant and machinery. The ground is similar to Ground No. 3 of Revenue’s appeal for Page 23 of 29 STI India Ltd. ITA Nos.11, 850, 12, 13/Ind/2019 & 22, 784, 23 & 24/Ind/2019 (A.Y.2012-13 to 2015-16) AY 2012-13 already adjudicated by us in foregoing paragraph. Hence, our same view shall apply mutatis mutandis. Respectfully applying the same

ACIT-5(1), INDORE vs. S T I INDIA LTD., INDORE

Appeals are disposed of as under:

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

depreciation on plant and machinery. The ground is similar to Ground No. 3 of Revenue’s appeal for Page 23 of 29 STI India Ltd. ITA Nos.11, 850, 12, 13/Ind/2019 & 22, 784, 23 & 24/Ind/2019 (A.Y.2012-13 to 2015-16) AY 2012-13 already adjudicated by us in foregoing paragraph. Hence, our same view shall apply mutatis mutandis. Respectfully applying the same

ACIT-5(1), INDORE vs. S T I INDIA LTD., INDORE

Appeals are disposed of as under:

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

depreciation on plant and machinery. The ground is similar to Ground No. 3 of Revenue’s appeal for Page 23 of 29 STI India Ltd. ITA Nos.11, 850, 12, 13/Ind/2019 & 22, 784, 23 & 24/Ind/2019 (A.Y.2012-13 to 2015-16) AY 2012-13 already adjudicated by us in foregoing paragraph. Hence, our same view shall apply mutatis mutandis. Respectfully applying the same

ACIT-5(1), INDORE vs. S T I INDIA LTD., INDORE

Appeals are disposed of as under:

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

depreciation on plant and machinery. The ground is similar to Ground No. 3 of Revenue’s appeal for Page 23 of 29 STI India Ltd. ITA Nos.11, 850, 12, 13/Ind/2019 & 22, 784, 23 & 24/Ind/2019 (A.Y.2012-13 to 2015-16) AY 2012-13 already adjudicated by us in foregoing paragraph. Hence, our same view shall apply mutatis mutandis. Respectfully applying the same

ACIT-5(1), INDORE vs. S T I INDIA LTD., INDORE

Appeals are disposed of as under:

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

depreciation on plant and machinery. The ground is similar to Ground No. 3 of Revenue’s appeal for Page 23 of 29 STI India Ltd. ITA Nos.11, 850, 12, 13/Ind/2019 & 22, 784, 23 & 24/Ind/2019 (A.Y.2012-13 to 2015-16) AY 2012-13 already adjudicated by us in foregoing paragraph. Hence, our same view shall apply mutatis mutandis. Respectfully applying the same

M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. PR. CIT (CENTRAL), BHOPAL

In the result, appeal of the assessee in ITANo

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

152 ITD 473 (Pune), wherein it is held as under :- The Hon'ble Bombay High Court in the case of Sinhagad Technical Education Society v. CIT (Central) 2012) 343 ITR 23 (Bom) has held that "Every statutory provision which operates in respect of a trust, which has already been registered in the past is not necessarily retrospective. A Shri Jairam

M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. ACIT CENTRAL-II, BHOPAL

In the result, appeal of the assessee in ITANo

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

152 ITD 473 (Pune), wherein it is held as under :- The Hon'ble Bombay High Court in the case of Sinhagad Technical Education Society v. CIT (Central) 2012) 343 ITR 23 (Bom) has held that "Every statutory provision which operates in respect of a trust, which has already been registered in the past is not necessarily retrospective. A Shri Jairam

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

section 194C are not applicable. Accordingly we do not find any error or illegality in the impugned order of the Ld. CIT(A) qua this issue. 9. Ground no.4 is regarding the disallowance of interest from loan to relatives. 9.1 Ld. DR has submitted that the assesse has given interest free loan/advances of Rs.76,93,211/- to relatives

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

section 194C are not applicable. Accordingly we do not find any error or illegality in the impugned order of the Ld. CIT(A) qua this issue. 9. Ground no.4 is regarding the disallowance of interest from loan to relatives. 9.1 Ld. DR has submitted that the assesse has given interest free loan/advances of Rs.76,93,211/- to relatives

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

In the result, the appeal of assessee is allowed

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

depreciation by the AO in the scrutiny assessment of the lender company would not epso facto lead to the conclusion that the transactions of loan between the lender company and assesse is not genuine. The Pr. CIT has not even verified the balance sheet and bank account statement of the lender company to come to prima facie conclusion that

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

Appeals are allowed

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

Section 91(vii). Following our own judgment, we are upholding the order of the ld CIT(A) holding that the assessee is not liable for TDS u/s 194J, interest thereon and consequently not being the assessee in default. The orders of ld. CIT(A) are uphold.” Thus it is clear that the Jaipur bench has given a finding of fact