RAINA GARG,BHOPAL vs. CIT(A), DELHI

Appeal is partly allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2015-16 Raina Garg, Ito-4(1), Prop. M/S. Garg Trading Bhopal Company, बनाम/ Purana Kabadkhana, Vs. Jumerati, Bhopal (Appellant/Assessee) (Respondent/Revenue) Pan: Aawpg4732F Assessee By None Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 06.02.2024 Date Of Pronouncement 12.02.2024

section 68, namely identity and creditworthiness of lender and genuine of transactions. Further, the lender is a partnership firm, engaged in tobacco business and given loan to assessee through a cheque drawn on Current A/c. Therefore, there should not be any serious doubt with regard to creditworthiness and genuineness. Hence, we do not find any strength in the addition made

THE DCIT-3(1), INDORE vs. M/S. M.P. ENTERTAINMENT & DEVELOPERS PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

250 6,23,437 11,57,813 The depreciation Leasing cannot be allowed on the entire constructed building but it has to be restricted to the occupancy level. Accordingly, based upon occupancy level of 35% depreciation has been restricted. 3 Other 61,68,189 61,51,850 16,339 No reason assigned Assets (Furniture & Fixtures Plant & Machineries and Computers) Total

THE DCIT-3(1), INDORE vs. M/S. M.P. ENTERTAINMENT & DEVELOPERS PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

250 6,23,437 11,57,813 The depreciation Leasing cannot be allowed on the entire constructed building but it has to be restricted to the occupancy level. Accordingly, based upon occupancy level of 35% depreciation has been restricted. 3 Other 61,68,189 61,51,850 16,339 No reason assigned Assets (Furniture & Fixtures Plant & Machineries and Computers) Total

DEPUTY COMMISSIONER OF INCOME TAX -3 (1), INDORE vs. M/S M.P. ENTERTAINMENT AND DEVELOPERS PRIVATE LIMITED, INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

250 6,23,437 11,57,813 The depreciation Leasing cannot be allowed on the entire constructed building but it has to be restricted to the occupancy level. Accordingly, based upon occupancy level of 35% depreciation has been restricted. 3 Other 61,68,189 61,51,850 16,339 No reason assigned Assets (Furniture & Fixtures Plant & Machineries and Computers) Total

THE DCIT-3(1), INDORE vs. M/S. M.P. ENTERTAINMENT & DEVELOPERS PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

250 6,23,437 11,57,813 The depreciation Leasing cannot be allowed on the entire constructed building but it has to be restricted to the occupancy level. Accordingly, based upon occupancy level of 35% depreciation has been restricted. 3 Other 61,68,189 61,51,850 16,339 No reason assigned Assets (Furniture & Fixtures Plant & Machineries and Computers) Total

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

250 (Mad.) 12. Therefore, in view of our aforesaid discussion, on the preliminary point itself, we find that the impugned order of the Commissioner cancelling the registration u/s. 12AA(3) of the Act is bereft of a valid jurisdiction. (iii)The Hon’ble Karnataka High Court in the case of CIT Vs. Islamic Academic of Education reported in 229 Taxman

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

250 (Mad.) 12. Therefore, in view of our aforesaid discussion, on the preliminary point itself, we find that the impugned order of the Commissioner cancelling the registration u/s. 12AA(3) of the Act is bereft of a valid jurisdiction. (iii)The Hon’ble Karnataka High Court in the case of CIT Vs. Islamic Academic of Education reported in 229 Taxman

MH BROTHERS ,RAISEN vs. THE ITO , RAISEN

In the result, appeals filed by the assessee for A

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

250 dated 26/08/2022 be quashed. Ground2. That it be held that the submissions and paper-book submitted by the appellant in e-proceedings before the CIT(A) on 05/08/2022 should have been considered by him and the appeal should have been decided on the merits of the case. Ground.3. That the addition of Rs.1,50,000/- for unsecured loan received

MH BROTHERS ,RAISEN vs. THE ITO , RAISEN

In the result, appeals filed by the assessee for A

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

250 dated 26/08/2022 be quashed. Ground2. That it be held that the submissions and paper-book submitted by the appellant in e-proceedings before the CIT(A) on 05/08/2022 should have been considered by him and the appeal should have been decided on the merits of the case. Ground.3. That the addition of Rs.1,50,000/- for unsecured loan received

SCIENCE FORUM FOR RURAL DEVELOPMENT AND RESEARCH,GRAM MINDIA, SANVER ROAD vs. CIT(A), UJJAIN

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshiassessment Year: 2017-18

250 of the Act which is hereinafter referred to as the “impugned order”. The relevant Assessment Year is 2017- 18 and the corresponding previous year period is from 01.04.2016 to 31.03.2017. At the outset registry has pointed out delay of 62 days. The Ld. AR for and on behalf of the assessee has taken us through condonation of delay application

SHREE RAJENDRA SURI SAH SAKH SANTHA MYD,RAJGARH, DHAR vs. THE ITO, DHAR, DHAR

In the result appeal of the assessee is allowed for statistical purpose

depreciation expenses of Rs.11,97,909/- claimed in the Profit and Loss account under section 38(2) of the Income-Tax Act, 1961 in view of leakage and personal utilization of vehicle without properly appreciating the facts of the case and submissions made before him\n\n6. That on the facts and in the circumstances of the case

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

250(4) of the Income Tax Act,1961 for making necessary enquiry on the aforesaid issue and submit his specific report on the identity, genuineness of transaction and creditworthiness of the loan creditor. Accordingly, in compliance to the directions so issued, the AO, vide his letter dated 31/07/2019, submitted his remand report incorporating his specific comments on the addition

GOPAL MUWEL,MANAWAR vs. INCOME TAX OFFICER, DHAR

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

Bench: Shri B.M. Biyani & Shri Paresh M Joshigopal Muwel, Ito बनाम/ Morad, Manawar, Dhar Vs. Dhar (Pan: Caapm6256Q) (Appellant) (Respondent) Assessee By Shri Lucky Singhal, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 27.01.2026 Date Of Pronouncement 06.02.2026 आदेश/ O R D E R

250 of the Act, which is herein after referred to as the “Impugned order”. The Relevant Assessment year is 2020-21 and the Page 1 of 19 Gopal Muwel ITA No. 554/Ind/2025 - A.Y.2020-21 corresponding previous year period is from 01.04.2019 to 31.03.2020. 2. Factual Matrix 2.1 That as and by way of an Assessment order made

M/S. GREATER KAILASH HOSPITAL (P) LTD.,INDORE vs. ACIT-2(1), INDORE

In the result, the appeal filed by the assessee, being not maintainable is

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyaniassessment Year: 2013-14

depreciation as allowable under section 32 of the Act of Rs. 2,62,09,454/- 4. The appellant reserves its right to add, alter and modify the grounds of appeal as taken by it” Application of the assessee for condonation of delay in the Tribunal and for admission of new/additional grounds of appeal dated 18.11.2022: 3. The ld. Representative

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

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

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

Appeals are partly allowed for statistical purposes

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

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