M/S. COMPUTER SCIENCES CORPORATION INDIA PRIVATE LIMITED,INDORE vs. THE ASST. COMMISSIONER OF INCOME TAX-2(1), INDORE

In the result, all the three appeals are partly allowed for statistical purpose and the Stay Application is also disposed of

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

section 14A(2) of the Act was improper and otherwise bad in law and as such, no disallowance under section

M/S. COMPUTER SCIENCE CORPORATION INDIA PVT. LTD.,CHENNAI vs. THE ACIT-CIRCLE 2(1), INDORE

In the result, all the three appeals are partly allowed for statistical purpose and the Stay Application is also disposed of

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

section 14A(2) of the Act was improper and otherwise bad in law and as such, no disallowance under section

M/S. COMPUTER SCIENCE CORPORATION INDIA PVT. LTD.,CHENNAI vs. DEPUTY COMMISSIONER OF INCOME TAX-CIRCLE 2(1) , INDORE

In the result, all the three appeals are partly allowed for statistical purpose and the Stay Application is also disposed of

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

section 14A(2) of the Act was improper and otherwise bad in law and as such, no disallowance under section

M/S. TREASURE WORLD DEVELOPERS PVT. LTD.,INDORE vs. THE ACIT 2(1), INDORE

In the result both the Cross Appeals are dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Treasure World Acit 4(1), बनाम/ Developers Pvt. Ltd, Indore Vs. Through Office Of The Official Liquidator, High Court Of Bombay, Bank Of India Building, 5Th Floor, M.G. Road, Indore (Pan: Abopb0352F ) (Assessee/Appellant) (Revenue/Respondent) Acit 4(1), M/S. Treasure World बनाम/ Indore Developers Pvt. Ltd, Vs. Through Office Of The Official Liquidator, High Court Of Bombay, Bank Of India Building, 5Th Floor, M.G. Road, Indore (Pan: Abopb0352F ) (Revenue/Appellant) (Assessee/Respondent)

disallowance of Rs.12,01,08,567/- on account of interest expenditure under Rule 8D(2)(i) and Rs.1,40,50,474/- under rule 8D(2)(ii) and Rs.46,40,398/- under rule 8D(2)(iii) being 5% of average value of investment. 4. Ld. DR stated that the CIT(A) has granted relief to the assessee and deleted the addition

THE DCIT, 2(1), INDORE vs. M/S. TREASURE WORLD DEVELOPERS PVT. LTD., INDORE

In the result both the Cross Appeals are dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Treasure World Acit 4(1), बनाम/ Developers Pvt. Ltd, Indore Vs. Through Office Of The Official Liquidator, High Court Of Bombay, Bank Of India Building, 5Th Floor, M.G. Road, Indore (Pan: Abopb0352F ) (Assessee/Appellant) (Revenue/Respondent) Acit 4(1), M/S. Treasure World बनाम/ Indore Developers Pvt. Ltd, Vs. Through Office Of The Official Liquidator, High Court Of Bombay, Bank Of India Building, 5Th Floor, M.G. Road, Indore (Pan: Abopb0352F ) (Revenue/Appellant) (Assessee/Respondent)

disallowance of Rs.12,01,08,567/- on account of interest expenditure under Rule 8D(2)(i) and Rs.1,40,50,474/- under rule 8D(2)(ii) and Rs.46,40,398/- under rule 8D(2)(iii) being 5% of average value of investment. 4. Ld. DR stated that the CIT(A) has granted relief to the assessee and deleted the addition

M/S VIJAY PULSES,INDORE vs. THE ACIT 4(1), INDORE

In the result, the appeal of the assessee is dismissed

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) M/S. Vijay Pulses, Dcit, Cpc, 12, Sajan Nagar, Bangalore Vs. Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaafv 9714 E Assessee By None Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 30.01.2023 Date Of Pronouncement 13.03.2023

2,10,005/-. 6. Regarding 2nd component of disallowance amounting to Rs. 36,609/- which is paid after due date under PF/ESI laws, we note that identical issue is recently decided against assessee by the Co-ordinate Bench of ITAT, Indore in ITA No. 171/Ind/2021 M/s Prashanti Engineering Works (P) Ltd. Vs. ADIT, CPC, Bangalore, order dated 22.02.2023, after taking

M/S. BHATIA GLOBAL TRADING LTD.,INDORE vs. THE DCIT 1(1), INDORE

In the result, appeal of assessee is partly allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanibhatia Global Trading Ltd. Dcit 1(1) Through Official Liquidator Indore Old Cia Building, 1St Floor Vs. Opp. G.P.O. Residency Area, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaacb6751 C Assessee By None Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 10.05.2023 Date Of Pronouncement 26 .07.2023

disallowance under Section 14A of the Act can be made if the assessee had not earned any exempt income), as the revenue has not been accepted the said decision and has preferred an SLP against the said decision. 4. Learned counsel for the petitioner also submits that in view of the amendment made by the Finance Act, 2022 to Section

AVAILABLE FINANCE LIMITED,INDORE vs. DCIT 1(1) , INDORE

In the result, the appeal of the assessee bearing ITA No

Bench: Sh. Bagirath Mal Biyani & Sh. Udayan Das Gupta

section 14A(2) will be applicable . He further relied on the CBDT circular no 5/2014 dated 11/02/2014, to observe that actual earning of dividend income is not necessary for working of disallowance

SHRI GURVINDER SINGH BHATIA,INDORE vs. THE ADDL. CIT, RANGE-3, INDORE

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year:2009-10 Gurvinder Singh Bhatia, Addl. Cit, 8/5, Bcc House, Range 3, बनाम/ Manormaganj, Indore. Vs. Indore. (Assessee / Appellant) (Revenue / Respondent) Pan: Abhpb 5245 N Assessee By Shri Harsh Vijaywargiya, Ca & Ld. Ar Revenue By Ms. Simran Bhullar, Cit Dr Date Of Hearing 19.12.2023 Date Of Pronouncement 21.12.2023

2-3 of assessment-order where the AO has made this disallowance, as under: “1. Disallowance u/s 14A r.w. Rule 8D: Assessee has received dividend u/s 10(34) of Rs. 55,62,998/- during the year under consideration from Bhatia Coal Corporation (Ld. AR pointed out that it should be ‘from companies’). Assessee has not made any disallowance u/s 14A

GAURANG METALS P LTD,INDORE vs. THE PCIT-1, INDORE

Bench: Shri Chandra Mohan Garg & Shrib.M. Biyaniassessment Year: 2017-18 Gaurang Metals Pvt. Ltd. Pr. Cit-1 बनाम/ Indore Indore Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Aabcg2498Q Assesseeby Shri S.N. Agrawal & Shri Pankaj Mogra, Ars Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 18.11.2022 Date Of Pronouncement 20.01.2023

14A but the assessee made a disallowance of Rs. 21,086/- only while computing taxable income. According to Ld. PCIT, the Ld. AO has passed assessment-order accepting the disallowance of Rs. 21,086/- as well as without making enquiries therein, and thus committed a mistake which renders the assessment-order as erroneous-cum-prejudicial to the interest of revenue

SHRI ARUN KUMAR SHRIVASTAVA,INDORE vs. ASSTT, DIRECTOR OF INCOME TAX, INDORE

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) Shri Arun Kumar Adit, Cpc, Shrivastava, Bangalore 9, Shakti Nagar, Vs. Kanadia Road, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aopps 9595 H Assessee By Shri Soumya Bomb, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 31.01.2023 Date Of Pronouncement 13.03.2023

2(24)(x) read with section 36(1)(va); the same is governed by section 36(1)(iv) read with section 43B according to which the deduction is allowed if the assessee pays upto due date for filing of return u/s 139(1). 6. Per contra, the Ld. DR supported the orders of lower authorities. Shri Arun Kumar Shrivastava Page

SOM DISTILLERIES PRIVATE LIMITED,BHOPAL vs. DCIT 1(1), BHOPAL

Appeals are partly allowed for

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

disallowance is as per statutory provision of Rule 8D(2)(iii) read with section 14A. On perusal of P&L A/c of assessee

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

Appeals are partly allowed for

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

disallowance is as per statutory provision of Rule 8D(2)(iii) read with section 14A. On perusal of P&L A/c of assessee

KWALITY MOTEL SHIRAZ,BHOPAL vs. ASST DIRECTOR OF INCOME TAX CPC, DELHI

In the result, the appeal of the assessee is dismissed

Bench: SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEBER, SHRI B.M. BIYANI, ACCOUNTNT MEMBER Kwality Motel Shiraz 1, Shivaji Nagar, Bhopal-462021

14A etc, there is a specific requirement that the auditor has to mention whether the expenditure is admissible/allowable or not. However, so far as section 36(1)(va) of the Act, the audit report does not require the auditor to make a specific observation regarding “admissibility/inadmissibility” of the above expenditure. 6.2 Therefore, once the auditor has mentioned the “actual” dates

PRASHANTI ENGINEERING WORKS P LTD,PITHAMPUR vs. THE ASST.DCIT ,CPC, BANGALURU

In the result, the appeal of the assessee is dismissed

Bench: The Due Date Of Filing Of Return Under Section 139(1).

2 in section 36(1 )(va) (b) Explanation 5 in section 43B Keeping in view of the above clarificatory explanations and following the ratio of the above decisions, the order of the Assessing Officer is upheld and ground No.1 of appeal of appellant is dismissed.” 5. The assessee is in appeal before us against the order passed

DY. CIT-1(1), INDORE vs. M/S. BRILLIANT ESTATE LTD., INDORE

In the result Ground No.1 of the revenue stands dismissed”

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year 2014-15

2. Copy of order of the Hon'ble Delhi High Court in the case of Holcim India Private Limited. (2014) 90 CCH 0081 (Del HC) 3. Copy of order of the Hon'ble Punjab and Haryana High Court in the case of Lakhani Marketing Incl. vs. CIT (ITA No. 970/2008) 4. Copy of order of the Hon'ble Punjab

ACIT-1(1), INDORE vs. FLEXITUFF VENTURES INTERNATIONAL LIMITED, DHAR

Appeal is dismissed

Bench: Us Assailing The Order Of First-

2 of 6 Flexituff Ventures International Ltd. ITA No. 195/Ind/2024 – AY 2013-14 acquired by assessee in controlled subsidiary companies as part of “strategic investment”, and (ii) that the provision of section 14A itself could not be applied when the tax-exempt income was absent. However, the AO turned down assessee’s all submissions, invoked section 14A and made disallowance

SOM DISTILLERIES AND BREWERIES LTD.,BHOPAL vs. ITO-1(1), BHOPAL

Appeal is partly allowed for statistical

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniay: 2013-14 Som Distilleries & Income-Tax Officer, बनाम/ Breweries Limited, 1(1), Vs. Som House, Bhopal. 23, Zone Ii, M.P. Nagar, Bhopal (Pan: Aabcs3374B) (Assessee/Appellant) (Revenue/Respondent) Ay:2014-15 Acit (Central)-1, Som Distilleries & बनाम/ Bhopal Breweries Limited, Vs. Som House, 23, Zone Ii, M.P. Nagar, Bhopal (Pan: Aabcs3374B) (Revenue/Appellant) (Assessee/Respondent)

section 14A and made disallowance of Rs. 7,02,964/- consisting of two elements in terms of Rule 8D, viz. (i) Interest disallowance under Rule 8D(2