CUMMINS TECHNOLOGIES INDIA (P) LTD.,DEWAS vs. ACIT CIRCLE 1(1), UJJAIN

In the result, the appeal of the assesse is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanicommins Technologies India Acit, Circle -1(1) Private Limited Ujjain Vs. Industrial Area No.2, A.B. Road, M.P. (Appellant / Assessee) (Revenue) Pan: Aabct2018B Assessee By Shri Ketan Ved & Pinkesh Vakharia Ars Revenue By Ms. Simran Bhullar, Cit-Dr Date Of Hearing 29.11.2023 Date Of Pronouncement 30.11.2023

disallowance of claim of INR 72,992/- under section 10AA of the Act on the interest earned from fixed deposits kept with bank(s) by the Appellant as margin money for providing letter of credit and guarantee to the suppliers and other Government departments for registration like Sales Tax etc. 8. Deduction in respect of 'Education Cess on income

AKSHAY ACADEMY,INDORE, M.P. vs. THE INCOME TAX OFFICER, NFAC, DELHI, THE INCOME TAX OFFICER, NFAC, DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniakshay Academy Ito, Nfac 32 Kaimaidan Road, Delhi Khasgi Gagicha Vs. Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aadta8987B Assessee By Shri S.N. Agrawal, Ar Revenue By Shri Ram Kumar Yadav, Cit- Dr Date Of Hearing 06.08.2024 Date Of Pronouncement 20.08.2024

disallowance made by lower authorities. However, the Ld. DR did not make any opposition to the alternative claim of exemption u/s 11 / 12 made by Ld. AR. 10. We have considered rival submissions of both sides, perused the records, considered the provisions of law and judicial precedents. We would first deal with the claim of exemption u/s 10(23C)(iiiab

SHRI DANDI SEWA ASHRAM,ONKARESHWAR vs. INCOME TAX OFFICER EXEMPTION , BHOPAL

In the result the \"Impugned order\" is set aside as and by\nway of remand back to the file of the Ld

119(2)(b). The relevant portion\nof the said judgment is quoted hereunder:\n\"Considering the hardship faced by the assessee, the CBDT\nissued Circular No. 7/2018, authorizing Commissioner of Income-\ntax, to admit belated application in Form No. 10 in respect of\n Assessment Year 2016-17 which were filed belatedly Thus, the\nfinding

THE ADDL. CIT RANGE -1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

119 (Gujarat High Court) and CIT v. Marikamba Transport Co. In 319 ITU 129 (Karnataka) and v at tons decisions of coordinates benches of Honourable ITAT and concluded that if the assessee compiles with the provisions of section 194C(6) of the Act, disallowance under section 40(a)(ia) of the Act does not arise just because there is violation

THE ACIT,CENTRAL-1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

119 (Gujarat High Court) and CIT v. Marikamba Transport Co. In 319 ITU 129 (Karnataka) and v at tons decisions of coordinates benches of Honourable ITAT and concluded that if the assessee compiles with the provisions of section 194C(6) of the Act, disallowance under section 40(a)(ia) of the Act does not arise just because there is violation

THE ACIT ,CENTRAL-1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

119 (Gujarat High Court) and CIT v. Marikamba Transport Co. In 319 ITU 129 (Karnataka) and v at tons decisions of coordinates benches of Honourable ITAT and concluded that if the assessee compiles with the provisions of section 194C(6) of the Act, disallowance under section 40(a)(ia) of the Act does not arise just because there is violation

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

disallowing said payments under section 40A (3)- Whether on facts, impugned revisional order did not require any interference- Held, yes [Para-16] [ In favour of revenue] 4.0 Therefore, in view of the above discussion I am of the considered opinion that the order dated: 06.01.2016 for A.Y. 2013-14 is erroneous in so far as it is also prejudicial

SANJANA CLOTHINGS PRIVATE LIMITED,INDORE vs. AID, CPC BENGALURU, BENGALURU

In the result appeal of the assesse is allowed for statistical\npurpose

disallow the appellant's claim for\nthe benefit of Section 115BBA when processing the return under\nSection 143(1) of the Act on 24.08.2022.\n6.4 In this connection, the provisions u/s 115BAA of the Act are\nrelevant and extracted as under:-\nCIRCULAR NO. 6/2022 [F. NO. 173/32/2022/ITA-1], DATED\n17-3-2022\n\"Section 115BAA of the Income

SOM DISTILLERIES PVT. LTD.,BHOPAL vs. ITO-1(3), BHOPAL

Appeal is partly allowed for statistical

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

b) of revenue are devoid of any merit, accordingly they are rejected. Ground No. 2: 12. In this ground, the revenue challenges the CIT(A)’s action of deleting the disallowance of Rs. 6,00,00,000/- made by AO out of purchase expenditure claimed by assessee. 13. The AO has made this disallowance vide Para 5 of assessment-order

ASST. COMMISSIONER OF INCOME TAX (CENTRAL)-I, BHOPAL , BHOPAL vs. SOM DISTILLERIES PRIVATE LIMITED, BHOPAL

Appeal is partly allowed for statistical

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

b) of revenue are devoid of any merit, accordingly they are rejected. Ground No. 2: 12. In this ground, the revenue challenges the CIT(A)’s action of deleting the disallowance of Rs. 6,00,00,000/- made by AO out of purchase expenditure claimed by assessee. 13. The AO has made this disallowance vide Para 5 of assessment-order

SMT. PUSHPA AGRAWAL,INDORE vs. ITO WARD 5(2), INDORE, AAYKAR BHAWAN, OPPOSITE WHITE CHURCH, RESIDENCY AREA, INDORE

Appeal is allowed

disallowance of Rs.54,331/- out of interest expenditure claimed by assessee. The AO, however, accepted taxable capital gain at Rs. Nil as declared by assessee.\n(ii) Subsequently, following an audit objection in the case of assessee qua the wrong claim of exemption u/s 54B, the AO recorded reasons [copy of reasons at Page 3 of Paper-Book

INFOBEANS TECHNOLOGIES LIMITED,INDORE, M.P. vs. THE PRINCIPAL COMMISSIONER OF INCOME-TAX, INDORE - 1, INDORE, M.P.

In the result, the appeal filed by the assessee is dismissed being devoid of

Bench: Sh. Bhagirath Mal Biyani & Sh. Udayan Dasgupta

b) the order is passed allowing any relief without inquiring into the claim; (c) the order has not been made in accordance with any order, direction or instruction issued by the Board under section 119; or (d) the order has not been passed in accordance with any decision, prejudicial to the assessee, rendered by the jurisdictional High Court or Supreme

ASSISTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

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

b) It appears that the proceedings have been initiated on the basis of audit objection raised regarding ‘irregular deduction under section 80IB (11A)’ It is on the basis of this information that the AO appears to have formed his belief that income to the extent of Rs.6,47,46,882/- has escaped assessment in the AY 2012-13 within

ASSISTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

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

b) It appears that the proceedings have been initiated on the basis of audit objection raised regarding ‘irregular deduction under section 80IB (11A)’ It is on the basis of this information that the AO appears to have formed his belief that income to the extent of Rs.6,47,46,882/- has escaped assessment in the AY 2012-13 within

ASSISSTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

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

b) It appears that the proceedings have been initiated on the basis of audit objection raised regarding ‘irregular deduction under section 80IB (11A)’ It is on the basis of this information that the AO appears to have formed his belief that income to the extent of Rs.6,47,46,882/- has escaped assessment in the AY 2012-13 within

ASSISSTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

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

b) It appears that the proceedings have been initiated on the basis of audit objection raised regarding ‘irregular deduction under section 80IB (11A)’ It is on the basis of this information that the AO appears to have formed his belief that income to the extent of Rs.6,47,46,882/- has escaped assessment in the AY 2012-13 within

ASSISSTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

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

b) It appears that the proceedings have been initiated on the basis of audit objection raised regarding ‘irregular deduction under section 80IB (11A)’ It is on the basis of this information that the AO appears to have formed his belief that income to the extent of Rs.6,47,46,882/- has escaped assessment in the AY 2012-13 within

PRATIBHA JAIN,INDORE vs. DEPUTY DIRECTOR OF INCOME TAX, CPC, BENGALURU, CPC, BENGALURU

Appeal is dismissed in limine

disallowed the deduction under section 80IB of the Act for sole reason\nthat the audit report in Form-10CCB was not filed along with the ITR and was\nonly filed after the receipt of intimation under section 143(1) of the Act. There\nis no question on the eligibility of the claim of deduction under section 80IB of\nthe