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

Appeals are allowed

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

9(1)(vii) read with Explanation2 of the Act. In case before us, the assessee has paid roaming charges i.e. IUC charges to various operators at Rs. 10,18,92,350/-. Respectfully following above judicial precedents, we hold that these charges are not fees for rendering any technical services as envisaged in Section 194J of the Act. Therefore, we reverse

IDEA CELLULAR LIMITED,INDORE vs. DCIT TDS, INDORE

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Vodafone Idea Ltd. Cit (Tds), बनाम/ (Formerly M/S Idea Bhopal Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent) M/S Vodafone Idea Ltd. Dcit/Jcit (Tds), बनाम/ (Formerly M/S Idea Indore Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent)

9(1)(vii) read with Explanation2 of the Act. In case before us, the assessee has paid roaming charges i.e. IUC charges to various operators at Rs. 10,18,92,350/-. Respectfully following above judicial precedents, we hold that these charges are not fees for rendering any technical services as envisaged in Section 194J of the Act. Therefore, we reverse

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

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Vodafone Idea Ltd. Cit (Tds), बनाम/ (Formerly M/S Idea Bhopal Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent) M/S Vodafone Idea Ltd. Dcit/Jcit (Tds), बनाम/ (Formerly M/S Idea Indore Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent)

9(1)(vii) read with Explanation2 of the Act. In case before us, the assessee has paid roaming charges i.e. IUC charges to various operators at Rs. 10,18,92,350/-. Respectfully following above judicial precedents, we hold that these charges are not fees for rendering any technical services as envisaged in Section 194J of the Act. Therefore, we reverse

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

vii)Desney Broadcasting (India) (P.) Ltd. vs. Principal Commissioner of Income Tax 163 taxmann.com 40 4.1 Ld. AR has heavily relied the impugned order of the CIT(A) and submitted that the CIT(A) has allowed the claim of depreciation on goodwill by following the various judgments by the Hon'ble Supreme Court as well as this Tribunal

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

vii)The decision of Rajasthan Vikas Sansthan Vs. CIT reported in 78 DTR 411 (Raj), wherein it is held as under :- The registration can be cancelled on the ground that the activity of the trust are not genuine or are not being carried out in accordance with the object of the trust. In case there are violations as mentioned

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

vii)The decision of Rajasthan Vikas Sansthan Vs. CIT reported in 78 DTR 411 (Raj), wherein it is held as under :- The registration can be cancelled on the ground that the activity of the trust are not genuine or are not being carried out in accordance with the object of the trust. In case there are violations as mentioned

THE DCIT (CENTRAL), INDORE vs. M/S KETI CONSTRUCTION (INDIA) LTD. , INDORE

In the result all the grounds raised by Revenue in the case of

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Boradassessment Year 2010-11

9 Keti Construction (India) Ltd & Kalyan Toll Infrastructure Ltd. ITA Nos. 877 & 878/Ind/2019 various years, along with other group companies which was not found to be proper, which fact was also accepted by the respondent group during the search proceedings. However, the respondent group explained the source of share capital introduced in the books of accounts, out of amounts generated

THE DCIT-CENTRAL-2, INDORE vs. M/S. KALYAN TOLL INFRASTRUCTURE LTD., INDORE

In the result all the grounds raised by Revenue in the case of

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Boradassessment Year 2010-11

9 Keti Construction (India) Ltd & Kalyan Toll Infrastructure Ltd. ITA Nos. 877 & 878/Ind/2019 various years, along with other group companies which was not found to be proper, which fact was also accepted by the respondent group during the search proceedings. However, the respondent group explained the source of share capital introduced in the books of accounts, out of amounts generated

M/S RADHISHWARI DEVLOPERS P LTD,INDORE vs. PR CIT -2 INDORE, INDORE

In the result, Assessee’s appeal in ITANo

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

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

M.P. STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD,BHOPAL vs. PR CIT-1, BHOPAL

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2015-16

9. We also observe that in the course of revisionary proceedings assessee had explained that the provision for bad and doubtful debts on ICD and interest thereon was made in the earlier years i.e. A.Y. 2002-03 to 2004-05 while computing the total income of these year. The amount of provision for bad and doubtful debts

THE AIT,ENTRAL-1, INDORE vs. SURYA INFRAVENTURE P LTD, INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

9 taxmann.com 290 (Delhi) (iii) Gujarat Eco Textile Park Ltd. v. ACIT [2015] 60 taxmann.com 296 (Gujarat) (iv) Oracle India (P.) Ltd. v. DCIT [2015] 53 taxmann.com 514 (Delhi) (v) SKY Diamonds v. ACIT [2015] 55 taxmann.com 77 (Gujarat) (vi) Swarovski India (P.) Ltd. v. DCIT [2014] 50 taxmann.com 57 (Delhi) (vii) Wel Intertrade

THE ACIT, CENTRAL-1, INDORE vs. M/S SURYA INFRA VENTURE PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

9 taxmann.com 290 (Delhi) (iii) Gujarat Eco Textile Park Ltd. v. ACIT [2015] 60 taxmann.com 296 (Gujarat) (iv) Oracle India (P.) Ltd. v. DCIT [2015] 53 taxmann.com 514 (Delhi) (v) SKY Diamonds v. ACIT [2015] 55 taxmann.com 77 (Gujarat) (vi) Swarovski India (P.) Ltd. v. DCIT [2014] 50 taxmann.com 57 (Delhi) (vii) Wel Intertrade

THE ACIT, CIRCLE 2(1), INDORE vs. M/S SURYA INFRA VENTURE PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

9 taxmann.com 290 (Delhi) (iii) Gujarat Eco Textile Park Ltd. v. ACIT [2015] 60 taxmann.com 296 (Gujarat) (iv) Oracle India (P.) Ltd. v. DCIT [2015] 53 taxmann.com 514 (Delhi) (v) SKY Diamonds v. ACIT [2015] 55 taxmann.com 77 (Gujarat) (vi) Swarovski India (P.) Ltd. v. DCIT [2014] 50 taxmann.com 57 (Delhi) (vii) Wel Intertrade

M/S. NARMADA MALWA GRAMIN BANK,INDORE vs. THE ACIT-3(1), INDORE

In the result, appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year : 2008-09 Acit- 3(1) M/S. Narmada Malwa Gramin Indore Bank, बनाम/ 201, Arcade Silver, 56 Shops, New Vs. Palasia, Indore (M.P.) (Revenue ) (Respondent) P.A. No. Aaccn2847F Assessment Year: 2008-09

depreciation. 5. Aggrieved now both the assessee and Revenue are in appeal before the Tribunal. Narmada Malwa First we take up Revenues appeal In ITANO. 81/Ind/2016 The Revenue has raised following grounds of appeal: “Whether on the facts and in the circumstances of the case the CIT(A) was justified in Law in directing to delete the Penalty levied

THE ACIT-3(1), INDORE vs. M/S. NARMADA MALWA GRAMIN BANK, INDORE

In the result, appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year : 2008-09 Acit- 3(1) M/S. Narmada Malwa Gramin Indore Bank, बनाम/ 201, Arcade Silver, 56 Shops, New Vs. Palasia, Indore (M.P.) (Revenue ) (Respondent) P.A. No. Aaccn2847F Assessment Year: 2008-09

depreciation. 5. Aggrieved now both the assessee and Revenue are in appeal before the Tribunal. Narmada Malwa First we take up Revenues appeal In ITANO. 81/Ind/2016 The Revenue has raised following grounds of appeal: “Whether on the facts and in the circumstances of the case the CIT(A) was justified in Law in directing to delete the Penalty levied

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

depreciation at Rs. 1,55,95,905/-. In the P&L account of the assessee total receipts showed at Rs.67,06,781/- consisting of rental receipts of Rs.7,95,526/- common area maintenance of Rs. 32,53,311/-, HVAC charges of Rs.13,04,535/- and interest income of Rs.13,53,409/-. After deducting expenses of Rs.2,48,22,382/-, book

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

depreciation at Rs. 1,55,95,905/-. In the P&L account of the assessee total receipts showed at Rs.67,06,781/- consisting of rental receipts of Rs.7,95,526/- common area maintenance of Rs. 32,53,311/-, HVAC charges of Rs.13,04,535/- and interest income of Rs.13,53,409/-. After deducting expenses of Rs.2,48,22,382/-, book

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

depreciation at Rs. 1,55,95,905/-. In the P&L account of the assessee total receipts showed at Rs.67,06,781/- consisting of rental receipts of Rs.7,95,526/- common area maintenance of Rs. 32,53,311/-, HVAC charges of Rs.13,04,535/- and interest income of Rs.13,53,409/-. After deducting expenses of Rs.2,48,22,382/-, book