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

M/S MALVIKA AGROTECH PVT. LTD.,DHAR vs. THE ITO-2(2), INDORE

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

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2009-10 M/S Malvika Agrotech Ito, 2(2), Pvt. Ltd, Indore Plot No.185, Sector-1, Pithampur, Dhar (Appellant) (Respondent ) Pan No.Aaccm6451G Revenue By Shri P.K. Mitra, Sr. Dr Assessee By Shri C.P. Rawka,Ca Date Of Hearing 10.09.2018 Date Of 19.9.2018 Pronouncement

6 Malvika Agrotech Pvt. Ltd the Finance Act, 2002 with effect from 1-4-2003 and it is in the nature of special provision which is introduced in determining the full value of the consideration in case of transfer of land or building or both. The value determined or assessed by any authority of the State Government for purpose

SHRI DR. LIYAKAT ALI KAPADIYA,UJJAIN vs. ASSISTANT COMMISSIONER OF INCOME TAX 2 (1), UJJAIN

The appeal of the assessee is allowed for statistical

Bench: Shri Kul Bharat & Shri Manish Borada.Y. 2013-14

6 Dr. Liyakat Ali Kapadia ITA 668 of 2017 the provision of section 5OC to the transfer of depreciable capital assets covered by section 50 and in computing the capital gain arising from the said transfer by adopting the stamp duty valuation. [Para 20]" In the case of Assistant Commissioner of Income-tax, Co. Circle IV(3), Chennai

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

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

M/S. SHEETU EDUCATIONAL SERVICES P LTD.,INDORE vs. THE DCIT 5(1) RANGE-5, INDORE

In the result, all the appeals of the assessee for assessment year 2005-06 to 2010-11 are partly allowed as per our

Bench: Shri D.T. Garasia & Shri O.P. Meena

Depreciation is not allowable. Since, the building is not used for the purpose of business of the assessee. (d) The assessee has not declared any income under the head of Income from House Property even when rental income requires to be taxed under this head. 8. The ld. Authorized Representative of the assessee has filed detailed written submissions relying upon

M/S. SHEETU EDUCATIONAL SERVICES P. LTD.,INDORE vs. THE DCIT 5(1), INDORE

In the result, all the appeals of the assessee for assessment year 2005-06 to 2010-11 are partly allowed as per our

Bench: Shri D.T. Garasia & Shri O.P. Meena

Depreciation is not allowable. Since, the building is not used for the purpose of business of the assessee. (d) The assessee has not declared any income under the head of Income from House Property even when rental income requires to be taxed under this head. 8. The ld. Authorized Representative of the assessee has filed detailed written submissions relying upon

M/S. SHEETU EDUCATIONAL SERVICES P. LTD.,INDORE vs. THE DCIT 5(1), INDORE

In the result, all the appeals of the assessee for assessment year 2005-06 to 2010-11 are partly allowed as per our

Bench: Shri D.T. Garasia & Shri O.P. Meena

Depreciation is not allowable. Since, the building is not used for the purpose of business of the assessee. (d) The assessee has not declared any income under the head of Income from House Property even when rental income requires to be taxed under this head. 8. The ld. Authorized Representative of the assessee has filed detailed written submissions relying upon

M/S SHEETU EDUCATIONAL SERVICE PVT LTD.,INDORE vs. THE DCIT 5(1), INDORE

In the result, all the appeals of the assessee for assessment year 2005-06 to 2010-11 are partly allowed as per our

Bench: Shri D.T. Garasia & Shri O.P. Meena

Depreciation is not allowable. Since, the building is not used for the purpose of business of the assessee. (d) The assessee has not declared any income under the head of Income from House Property even when rental income requires to be taxed under this head. 8. The ld. Authorized Representative of the assessee has filed detailed written submissions relying upon

M/S SHEETU EDUCATIONAL SERVICE PVT LTD.,INDORE vs. THE DCIT 5(1), INDORE

In the result, all the appeals of the assessee for assessment year 2005-06 to 2010-11 are partly allowed as per our

Bench: Shri D.T. Garasia & Shri O.P. Meena

Depreciation is not allowable. Since, the building is not used for the purpose of business of the assessee. (d) The assessee has not declared any income under the head of Income from House Property even when rental income requires to be taxed under this head. 8. The ld. Authorized Representative of the assessee has filed detailed written submissions relying upon

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

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