M/S RAJIV GANDHI PROUDYOGIK VISHWAVIDHALYA,HOSANGABAD vs. DCIT CPC, BENGALURU

In the result, the appeal of the assessee in I

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 324 & 325/Ind/2018 "नधा"रणवष" / Assessment Years: 2014-15 & 2015-16 M/S. Rajiv Gandhi Proudyogiki Vs. Dcit, Vishwavidyalaya, Cpc, Bhopal Bangaluru

disallowing the exemption u/s 10 of the Act relying upon the specific facts of the case and the judicial decisions in this 19 M/s.Rajiv Gandhi Proudyogiki Vishwavidyalaya,Bhopal. regard. Since, the demand was confirmed by the ld. CIT(A), the whole outstanding demand was payable/recoverable from the assessee as per the provisions of the I.T. Act and Instructions

M/S RAJIV GANDHI PROUDYOGIK VISHWAVIDHALYA,HOSANGABAD vs. DCIT CPC, BENGALURU

In the result, the appeal of the assessee in I

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 324 & 325/Ind/2018 "नधा"रणवष" / Assessment Years: 2014-15 & 2015-16 M/S. Rajiv Gandhi Proudyogiki Vs. Dcit, Vishwavidyalaya, Cpc, Bhopal Bangaluru

disallowing the exemption u/s 10 of the Act relying upon the specific facts of the case and the judicial decisions in this 19 M/s.Rajiv Gandhi Proudyogiki Vishwavidyalaya,Bhopal. regard. Since, the demand was confirmed by the ld. CIT(A), the whole outstanding demand was payable/recoverable from the assessee as per the provisions of the I.T. Act and Instructions

M/S. D.K. CONSTRUCTION,BHOPAL vs. THE ACIT, 2(1), BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

disallowance. 13. Per contra, the Ld. AR initially drew our attention to certain facts with reference to the documents placed in the Paper-Book. He carried us to Page No. 40 to 43 of the Paper-Book where a layout plan of 180 units dated 02.11.2006 approved by local-authority is placed. Then, he carried us to Page

THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

disallowance. 13. Per contra, the Ld. AR initially drew our attention to certain facts with reference to the documents placed in the Paper-Book. He carried us to Page No. 40 to 43 of the Paper-Book where a layout plan of 180 units dated 02.11.2006 approved by local-authority is placed. Then, he carried us to Page

THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

disallowance. 13. Per contra, the Ld. AR initially drew our attention to certain facts with reference to the documents placed in the Paper-Book. He carried us to Page No. 40 to 43 of the Paper-Book where a layout plan of 180 units dated 02.11.2006 approved by local-authority is placed. Then, he carried us to Page

THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

disallowance. 13. Per contra, the Ld. AR initially drew our attention to certain facts with reference to the documents placed in the Paper-Book. He carried us to Page No. 40 to 43 of the Paper-Book where a layout plan of 180 units dated 02.11.2006 approved by local-authority is placed. Then, he carried us to Page

THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

disallowance. 13. Per contra, the Ld. AR initially drew our attention to certain facts with reference to the documents placed in the Paper-Book. He carried us to Page No. 40 to 43 of the Paper-Book where a layout plan of 180 units dated 02.11.2006 approved by local-authority is placed. Then, he carried us to Page

THE ACIT, -2(1), BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

The appeal of the assesse is disposed off in terms of

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

disallowing the claim for deduction under section 801B (10) (s) of the Acl, in spite of a finding of fact by the income Tax Appellate Tribunal, the ultimate fact finding authority, that the Completion Certificate dated 24/12/2010 illed by the petitioner clearly montions that the project was completed in March 2008? (d) Has not the High Court erred

THE ITO, 2(1), BHOPAL vs. M/S. GLOBUS HOUSING, BHOPAL

In the result, the appeal of the revenue stands allowed

Bench: Shri C.M. Garg & Shri O.P. Meena

disallowance of Rs.43,29,927/- made by the A.O. u/s 80IB(10) of IT Act, 1961. 2. allowing the claim of deduction u/s 80IB(10) of the Aeven though the assessee acted in the capacity of contractor and did not own the land and no colonizer licence was obtained by the assessee 3. allowing the claim of deduction u/s 80IB

THE ACIT, CENTRAL-2, INDORE vs. M/S. LIFE STYLE INFRATECH PVT. LTD., INDORE

Bench: Ms. Suchitra Raghunath Kamble & Shri B.M. Biyani

disallowed by AO but re-allowed by CIT(A). 13. Referring to the orders of lower-authorities, Ld. DR made following contentions: (i) The assessee did not satisfy the conditions laid down in section 80- IB(10) for allowability of deduction which is very much clear from following defaults made by assessee: (a) First condition of section 80-IB(10

VAISHALI DEVELOPERS AND BUILDERS ,BHOPAL vs. INCOME TAX OFFICER -1(2), BHOPAL

Appeals are allowed

Bench: Shri B.M. Biyani & Shri Udayan Das Gupta

section 80-IB(10), the entirety of project including development of infrastructure must be undertaken by assessee. According to Ld. DR, ‘entire project’ would mean development as a cohesive unit which includes the construction of houses with development of essential amenities. In the case of assessee, the buyers have first acquired ownership of plots from assessee through registered Sale-Deeds

ACIT-2(1), UJJAIN, UJJAIN vs. M/S RUCHI J OIL PVT. LTD,, MUMBAI

In the result, Revenue’s appeal ITANo

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year: 2014-15

29 to 55) 2. Though notice dated 26.12.2017 under section 271AA did not refer to failure to report Specified Domestic Transaction as contemplated u/s 92E read with clause (ii) of section 271AA, the AO for the first time refers to section 271AA(ii) in para 7.3 of the penalty order as under: “Therefore, the submission of the assessee that penalty

M.P.MADHYAM,BHOPAL vs. THE DCIT EXEMPTION, BHOPAL

In the result, appeals of assessee for A

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

disallowed the benefit of section 11 & 12 and assessed the income of the assesse on commercial basis. Similar for A.Y.2016-17 & 2017-18 the AO while passing the assessment order u/s 143(3) has denied the claim of exemption u/s 11 & 12 and assessed the income of the assessee by taking gross receipt and allowing the revenue expenditure as deduction

M.P.MADHYAM,BHOPAL vs. THE ACIT EXEMPTION, BHOPAL

In the result, appeals of assessee for A

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

disallowed the benefit of section 11 & 12 and assessed the income of the assesse on commercial basis. Similar for A.Y.2016-17 & 2017-18 the AO while passing the assessment order u/s 143(3) has denied the claim of exemption u/s 11 & 12 and assessed the income of the assessee by taking gross receipt and allowing the revenue expenditure as deduction

M.P.MADHYAM,BHOPAL vs. THE ACIT EXEMPTION, BHOPAL

In the result, appeals of assessee for A

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

disallowed the benefit of section 11 & 12 and assessed the income of the assesse on commercial basis. Similar for A.Y.2016-17 & 2017-18 the AO while passing the assessment order u/s 143(3) has denied the claim of exemption u/s 11 & 12 and assessed the income of the assessee by taking gross receipt and allowing the revenue expenditure as deduction

M/S M.P. MADHYAM,BHOPAL vs. THE ACIT EXEMPTION, BHOPAL

In the result, appeals of assessee for A

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

disallowed the benefit of section 11 & 12 and assessed the income of the assesse on commercial basis. Similar for A.Y.2016-17 & 2017-18 the AO while passing the assessment order u/s 143(3) has denied the claim of exemption u/s 11 & 12 and assessed the income of the assessee by taking gross receipt and allowing the revenue expenditure as deduction

M/S MADHYA PRADESH MADHYAM,BHOPAL vs. THE ACIT 1(2), BHOPAL

In the result, both the appeals of the assessee i

Bench: Shri Kul Bharat & Shri Manish Borad

disallowance of the exemption by the authorities below cannot be sustained and deserves to be deleted. 7. On the other hand, ld. Sr. DR relied on the orders of the Revenue Authorities and submitted that first proviso to Section 2(15) are applicable in the case of the assessee and as such, it was not entitled for the benefits

M/S MADHYA PRADESH MADHYAM,BHOPAL vs. THE ACIT, BHOPAL

In the result, both the appeals of the assessee i

Bench: Shri Kul Bharat & Shri Manish Borad

disallowance of the exemption by the authorities below cannot be sustained and deserves to be deleted. 7. On the other hand, ld. Sr. DR relied on the orders of the Revenue Authorities and submitted that first proviso to Section 2(15) are applicable in the case of the assessee and as such, it was not entitled for the benefits