ACIT CENTRAL -2, BHOPAL vs. SHRI AGARWAL EDUCATION & CULTURAL SOCITEY, BHOPAL

In the result, this appeal of revenue is dismissed

Bench: Shri Siddhartha Nautiyal & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2013-14 Dcit(Central)-Ii, Shri Agarwal Education & Bhopal Welfare Society बनाम/ Bhopal Vs. (Appellant / Revenue) (Respondent / Assessee) Pan: Aacts 0481 M Assessee By Shri S.S. Deshpandey, Ar Revenue By Shri P.K. Mitra, Cit-Dr Date Of Hearing 14.10.2022 Date Of Pronouncement 19.10.2022

d) is very clear which says that if services of trust are made available to specified person without adequate remuneration or other compensation, then such sum shall be "deemed to have been used" for the benefit of specified person. Admittedly these services were provided by assessee trust to Shri Sudhir Agarwal, without any payment and for free, hence, such expenses

DCIT CENTRAL-2, BHOPAL vs. SHRI AGRAWAL EDUCATIONAL & WELFARE SOCIETY, INDORE

In the result, this appeal of revenue is dismissed

Bench: Shri Siddhartha Nautiyal & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2013-14 Dcit(Central)-Ii, Shri Agarwal Education & Bhopal Welfare Society बनाम/ Bhopal Vs. (Appellant / Revenue) (Respondent / Assessee) Pan: Aacts 0481 M Assessee By Shri S.S. Deshpandey, Ar Revenue By Shri P.K. Mitra, Cit-Dr Date Of Hearing 14.10.2022 Date Of Pronouncement 19.10.2022

d) is very clear which says that if services of trust are made available to specified person without adequate remuneration or other compensation, then such sum shall be "deemed to have been used" for the benefit of specified person. Admittedly these services were provided by assessee trust to Shri Sudhir Agarwal, without any payment and for free, hence, such expenses

SHRI SHRIRAM TOSHNIWAL,BURHANPUR vs. ACIT, KHANDWA

In the result appeal the assessee is partly allowed

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2014-15 Shri Shriram Toshniwal, Asstt. Commissioner Of Prop. M/S. Gayatri Vs. Income Tax, Enterprises, Udyog Nagar, Khandwa Burhanpur (Appellant) (Respondent ) Pan Abxpt0602K Revenue By Shri K.C. Selvamani, Sr.Dr Assessee By Shri Maneesh Vaidya & Ms. Preeti Patwa, Cas Date Of Hearing 18.03.2019 Date Of Pronouncement 11.04.2019 O R D E R

Disallowance u/s 14A 1,24,074 3. Total income assessed 4,07,27,237 4. Rounded off Rs.4,07,27,240 Aggrieved assessee preferred appeal before Ld. CIT(A) and partly succeeded. 4. Now the assessee is in appeal before the Tribunal. Shriram Toshiniwal 5. Ld. Counsel for the assessee referring to the detailed written submission challenged the validity

DCIT-4(1), INDORE, INDORE vs. MARAL OVERSEAS LTD, KHARGONE

In the result appeal of Revenue is dismissed

Bench: Shri B.M. Biyani & Shri Paresh M Joshidcit-4(1), Indore Maral Overseas Ltd., बनाम/ Maral Sarovar, V& Po Vs. Khalbujurg, Kasrawad, Khargone, Bhopal

section 253 of the income tax Act 1961,[ herein after referred to as the Act for the sake of brevity] before this tribunal as & by way of a second Appeal. The Assessee is aggrieved by the order bearing Number:-1046/2021-22 dated 29.07.2022[DR No. 39/12 D No. 427] passed

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

131 of the paper book. In the said scheme of merger/amalgamation as approved by the NCLT all the details of assets and liability as well as the payment towards goodwill was duly reported. The AO has referred to the provisions which are measures provided against the misuse of over valuation of the assets in the hand of the amalgamated companies/successor

DCIT , CENTRAL -2 , INDORE vs. M/S GREAT GALLEON VENTURES LTD , INDORE

In the result, the appeals of the Revenue bearing ITANo

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad

d No. e of Interest 2015-16 - - 1 6,00,00,000 2 18,07,498 6,18,07,498 2016-17 1 - 1 6,00,00,000 2 80,59,865 6,80,59,865 2017-18 - - - - 1 1,19,75,346 1,19,75,346 2018-19 - - - - 1 82,40,976 82,40,976 TOTAL

DCIT , CENTRAL -2 , INDORE vs. M/S GREAT GALLEON VENTURES LTD , INDORE

In the result, the appeals of the Revenue bearing ITANo

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad

d No. e of Interest 2015-16 - - 1 6,00,00,000 2 18,07,498 6,18,07,498 2016-17 1 - 1 6,00,00,000 2 80,59,865 6,80,59,865 2017-18 - - - - 1 1,19,75,346 1,19,75,346 2018-19 - - - - 1 82,40,976 82,40,976 TOTAL

JARNALBEER SINGH BHATIA,KHANDWA vs. THE ACIT CENTRAL-3, INDORE

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniit(Ss)A Nos.19 To 23/Ind/2023 & Ita No.226/Ind/2023 Ays : 2013-14 To 2018-19 Jarnalbeer Singh Bhatia, Dcit/Acit, बनाम/ Bhatia Transport (Central)-3, Vs. Services, Indore. Old Indore Lines, Pandhana Road, Khandwa (Pan: Aixpb4565C) (Assessee/Appellant) (Revenue/Respondent)

d) Without prejudice to the above, provisions of the section 194C(6) and 194C(7) need to be read together and once there is violation of section 194C disallowance u/s 40(a)(ia) is attracted ? 5. The issues involved in various grounds raised by parties are identified and tabulated thus: No. Issue A.Y. Assessee’s Revenue’s Ground No. Ground

THE ACIT CENTRAL-3, INDORE vs. JARNALBEER SINGH BHATIA, KHANDWA

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniit(Ss)A Nos.19 To 23/Ind/2023 & Ita No.226/Ind/2023 Ays : 2013-14 To 2018-19 Jarnalbeer Singh Bhatia, Dcit/Acit, बनाम/ Bhatia Transport (Central)-3, Vs. Services, Indore. Old Indore Lines, Pandhana Road, Khandwa (Pan: Aixpb4565C) (Assessee/Appellant) (Revenue/Respondent)

d) Without prejudice to the above, provisions of the section 194C(6) and 194C(7) need to be read together and once there is violation of section 194C disallowance u/s 40(a)(ia) is attracted ? 5. The issues involved in various grounds raised by parties are identified and tabulated thus: No. Issue A.Y. Assessee’s Revenue’s Ground No. Ground

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

D E R PER BENCH This bunch of departmental appeals and COs filed by the present assessee is directed against the different orders of Learned CIT(A)-3, Bhopal 2 Surya Infraventure ITA 216 of 2021 and others passed on 20.08.2021, 16.08.2021 & 16.08.2021, respectively. At first, we shall take up the departmental appeal for the Assessment Year 2010-11 bearing

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

D E R PER BENCH This bunch of departmental appeals and COs filed by the present assessee is directed against the different orders of Learned CIT(A)-3, Bhopal 2 Surya Infraventure ITA 216 of 2021 and others passed on 20.08.2021, 16.08.2021 & 16.08.2021, respectively. At first, we shall take up the departmental appeal for the Assessment Year 2010-11 bearing

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

D E R PER BENCH This bunch of departmental appeals and COs filed by the present assessee is directed against the different orders of Learned CIT(A)-3, Bhopal 2 Surya Infraventure ITA 216 of 2021 and others passed on 20.08.2021, 16.08.2021 & 16.08.2021, respectively. At first, we shall take up the departmental appeal for the Assessment Year 2010-11 bearing

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

131 of the Act which were also replied to and the AO himself provided copy of the replies to the assessee. This fact is amply clear from para 4.6 of the assessment order. This fact was also brought to the notice of the AO that the assessee had not undertaken any trade through M/s Shubhlaxmi Commodities on 18.02.2012 on which

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

131 of the Act which were also replied to and the AO himself provided copy of the replies to the assessee. This fact is amply clear from para 4.6 of the assessment order. This fact was also brought to the notice of the AO that the assessee had not undertaken any trade through M/s Shubhlaxmi Commodities on 18.02.2012 on which

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

131 of the Act which were also replied to and the AO himself provided copy of the replies to the assessee. This fact is amply clear from para 4.6 of the assessment order. This fact was also brought to the notice of the AO that the assessee had not undertaken any trade through M/s Shubhlaxmi Commodities on 18.02.2012 on which

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

D E R Per Vijay Pal Rao, JM: This appeal by the Assessee is directed against assessment order dated 15.10.2019 passed u/s 144C r.w. section 143(3) in pursuant to the Directions of DRP dated 26.08.2019 passed u/s 144C(5) for A.Y.2015-16. The assessee has raised following grounds of appeal: “Based on the facts and circumstances of the case, Cummins

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

In the result ground no.2 raised by the revenue stands dismissed

Bench: Ms. Madhumita Roy & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2013-14 Acit(Central)-1 Surya Infraventures Pvt. Indore Ltd. Nanda Nagar, Indore बनाम/ Vs. (Appellant / Revenue) (Respondent / Appellant) Pan: Aadca 4235 D Assessee By Shri S.N. Agrawal & Shri Bhavesh Agrawal, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 15.09.2022 Date Of Pronouncement 01.12.2022

D E R Per B.M. Biyani, A.M.: Feeling aggrieved by appeal-order dated 16.08.2021 passed by learned Commissioner of Income-Tax (Appeals)-3, Bhopal [“Ld. CIT(A)”], which in turn arises out of assessment-order dated 23.03.2016 passed by learned ACIT(Central)-I, Indore [“Ld. AO”] u/s 143(3) of the Income-tax Act, 1961 [“the Act”] for Assessment-Year

ACIT (CENTRAL) 1 INDORE , INDORE vs. SHRI KANTILAL KATARIA, RATLAM

Bench: Rajpal Yadav Hon'Ble & Shri Manish Borad

disallowance of business loss in the light of the fact that the assessee failed to substantiate such business losses with any documentary evidences. 6 Kantilal Kataria,Ratlam Asstt.Yr.2011-12, 2012-13 3.On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in allowing the set off of confirmed addition of Rs.36

JCIT OSD (CENTRAL)-1, RATLAM vs. SHRI KANTILAL KATARIA, RATLAM

Bench: Rajpal Yadav Hon'Ble & Shri Manish Borad

disallowance of business loss in the light of the fact that the assessee failed to substantiate such business losses with any documentary evidences. 6 Kantilal Kataria,Ratlam Asstt.Yr.2011-12, 2012-13 3.On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in allowing the set off of confirmed addition of Rs.36