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

disallowance under section 14A was called for. 3. That on the facts and circumstances of the case and in law, except

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

disallowance under section 14A was called for. 3. That on the facts and circumstances of the case and in law, except

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

disallowance under section 14A was called for. 3. That on the facts and circumstances of the case and in law, except

ACIT,CENTRAL-2, INDORE vs. M/S KRTI SANGAM INFRASTRUCTURE LTD , INDORE

In the result, appeals of the Revenue ITANo

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year:2017-18 Acit Central-2, M/S Kalyan Toll Infrastructure Indore Ltd., Indore बनाम/ (Appellant) (Respondent ) Vs. P.A. No.Aacck1840M Assessment Year:2015-16 Acit Central-2, M/S Keti Sangam Infrastructure India Ltd., Indore बनाम/ Indore Vs. (Appellant) (Respondent ) P.A. No.Aadck0129Q Revenue By Shri P.K. Mitra, Cit-Dr Assessees By Shri Ajay Tulsiyan, Ca Date Of Hearing: 22.12.2021 Date Of Pronouncement: 08.03.2022 आदेश / O R D E R

3) while holding that all expenses connected with the exempt income have to be disallowed u/s l4A whether such expenses are direct or indirect, fixed or variable and managerial or financial in accordance with law. It is seen that the AO has worked out the total disallowance of Rs. 6,34,77,810/- under section 14A

ACIT CENTRAL-2, INDORE vs. M/S KALLYAN TOLL INFRASTRUCTURE LTD, INDORE

In the result, appeals of the Revenue ITANo

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year:2017-18 Acit Central-2, M/S Kalyan Toll Infrastructure Indore Ltd., Indore बनाम/ (Appellant) (Respondent ) Vs. P.A. No.Aacck1840M Assessment Year:2015-16 Acit Central-2, M/S Keti Sangam Infrastructure India Ltd., Indore बनाम/ Indore Vs. (Appellant) (Respondent ) P.A. No.Aadck0129Q Revenue By Shri P.K. Mitra, Cit-Dr Assessees By Shri Ajay Tulsiyan, Ca Date Of Hearing: 22.12.2021 Date Of Pronouncement: 08.03.2022 आदेश / O R D E R

3) while holding that all expenses connected with the exempt income have to be disallowed u/s l4A whether such expenses are direct or indirect, fixed or variable and managerial or financial in accordance with law. It is seen that the AO has worked out the total disallowance of Rs. 6,34,77,810/- under section 14A

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)

3. Thus the solitary common issue has been raised in these Cross Appeals is regarding the disallowance made by the A.O u/s 14A of the I.T. Act to the tune of Rs.13.88 crores which was restricted by CIT(A) to Rs.6.48 crores. Thus both the assessee as well as revenue are aggrieved by the impugned order

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)

3. Thus the solitary common issue has been raised in these Cross Appeals is regarding the disallowance made by the A.O u/s 14A of the I.T. Act to the tune of Rs.13.88 crores which was restricted by CIT(A) to Rs.6.48 crores. Thus both the assessee as well as revenue are aggrieved by the impugned order

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 u/s 14A can be restricted to such exempt income. So far as the applicability of the amendment in section 14A vide Finance Act 2022 with retrospective effect is concerned this issue has been considered by the Hon’ble Delhi High Court in case of Pr. CIT vs. Era Infrastructure India Ltd. (supra) in para 3

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

3 companies, but has not earned any exempted income during the year in respect of the said investments in listed or unlisted concerns , and in the absence of any exempted income earned during the year, the provisions of section 14A is not attracted in the instant case. However, as a gesture of cooperation, the assessee company suo moto disallowed

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

section 14A / rule 8D but it is not coming from AO’s order as to how the amount of disallowance has been arrived at. Ld. AR is right in claiming that the disallowance has no working and it is arbitrary. Thirdly, the assessee has maintained separate books of his proprietary business M/s Bhatia Coal Corporation and personal affairs. The interest

M/S CALAMA SALES P LTD,INDORE vs. DCIT CENTRAL 2(1), INDORE

In the result, these appeals of assessee are allowed

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court)

disallowance u/s 14A in absence of exempted income. (ii) Ld. AO was not justified to make addition u/s 14A while determining Book-Profit for the purpose of section 115JB. 3

M/S CALAMA SALES P LTD,INDORE vs. ITO 1(1) (3) , AHMEDABAD

In the result, these appeals of assessee are allowed

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court)

disallowance u/s 14A in absence of exempted income. (ii) Ld. AO was not justified to make addition u/s 14A while determining Book-Profit for the purpose of section 115JB. 3

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

DEPUTY COMMISSIONER OF INCOME TAX - 3(1), INDORE vs. SHRI RAJEEV AJMERA, INDORE

In the result, the appeal of Revenue is partly allowed for statistical purposes

Bench: Ms.Suchitra Kamble & Shrib.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2010-11 Dcit-3(1) Shri Rajeev Ajmera, Indore बनाम/ Indore Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Abgpa4930L Co No.23/Ind/2018 (Arising Out Of Ita No.51/Ind/2018) Assessment Year: 2010-11 Shri Rajeev Ajmera, Dcit-3(1) Indore Indore बनाम/ Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Abgpa4930L Assessee By Shri Mahendra Mittal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 23.08.2022 Date Of Pronouncement 31.08.2022 आदेश/ O R D E R

3: Page 14 of 17 Shri Rajeev Ajmera ITA No.51/Ind/2018& CO.No.23/Ind/2018 Assessment year 2010-11 24. In this Ground, the issue involved is the disallowance of Rs. 4,63,431/- made by Ld. AO u/s 14A of the act. 25. During assessment-proceeding, Ld. AO observed that the assessee has made investment in mutual funds and shares, which generates

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

Section 36 (1)(iii) of the Act. 12. We further observe that this Coordinate Bench in assessee’s own case for A.Y.2013-14 vide ITANo.393/Ind/2017 dated 30.05.2019 has decided very same issue wherein disallowance u/s 14A was made but there was no exempt income earned during the year. This Tribunal confirmed the view taken by the ld. CIT(A), and dismissed

DECENT INDUSTRIES PRIVATE LIMITED,BHOPAL vs. INCOME TAX OFFICER-1(2), BHOPAL

Appeal is partly allowed

disallowance.", "result": "Partly Allowed", "sections": [ "14A", "143(3)", "Rule 8D" ], "issues": "Whether the disallowance under Section 14A, computed as per Rule

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

Appeal is dismissed

Bench: Us Assailing The Order Of First-

3. The revenue has raised following grounds: “1. Whether on the facts and in the circumstances of the case, the Ld. CIT(A) erred in law in deleting the Addition of Rs. 51,09,148/- on account of disallowance made under section 14A

ACIT CENTRAL-2, INDORE vs. SHRI SANJAY SHUKLA, INDORE

In the result, appeal of the assessee in ITANo

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year:2013-14 Shri Sanjay Shukla, Acit Central Circle 2, बनाम/ Indore Indore Vs. (Appellant) (Respondent ) P.A. No.Ahqps8882D Assessment Year:2013-14 Acit Central Circle 2, Shri Sanjay Shukla, बनाम/ Indore Indore Vs. (Appellant) (Respondent ) P.A. No.Ahqps8882D Assessee By Shri Pankaj Shah, Ca Revenue By Shri P.K. Mitra, Cit-Dr Date Of Hearing: 21.01.2022 Date Of Pronouncement: 15.03..2022 आदेश / O R D E R

3,57,623/- made by the Assessing officer on account of disallowance as per section 14A of the Income Tax, 1961 read