DB POWER LTD,BHOPAL vs. THE ACIT,CENTRAL CIRCLE-1, BHOPAL, BHOPAL

Appeal is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Db Power Limited, Acit, Central Circle-1, बनाम/ Office Block, 1A, Bhopal Vs. Db City Park, 5Th Floor, Corporate Block, Opp. M.P. Nagar Zone-1, Arera Hills, Bhopal (Pan:Aaccd5475F) (Assessee/Appellant) (Revenue/Respondent) Acit, Central Circle-1, M/S Db Power Limited, बनाम/ Bhopal Office Block, 1A, Vs. Db City Park, 5Th Floor, Corporate Block, Opp. M.P. Nagar Zone-1, Arera Hills, Bhopal (Pan:Aaccd5475F) (Revenue/Appellant) (Assessee/Respondent)

section 151 of the Act. Page 4 of 26 M/s DB Power Limited, Bhopal ITA Nos. 68/Ind/2023 and 73/Ind/2023- A.Y. 2015-16 1(d). That, without prejudice to the above, the learned CIT(A) grossly erred, both on facts and in law, in confirming the action of the AO in issuance of the notice under

M/S. AVALANCHE REALITY PVT. LTD.,INDORE vs. THE ACIT3(1), INDORE

In the result, the appeal filed by the assessee is

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2008-09

disallowance of Rs.15,16,961/- by invoking the provisions of section 40A(3) of the Act. 3. Aggrieved by this, the assessee preferred an appeal before Ld. CIT(A), who after considering the submissions, partly allowed the appeal. Thereby the Ld. CIT(A) sustained the addition of Rs.6,89,26,888/- and deleted the addition of Rs.16

DCIT (CENTRAL), BHOPAL vs. SHAILENDRA SHARMA, BHOPAL

In the result the appeals of the assessee for the Assessment

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

151 and Section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132-A after the 31st day of May, 2003, the Assessing Officer shall- (a) issue notice to such person requiring him to furnish within such period

ACIT(CENTRAL)-1, INDORE, INDORE vs. SHRI RAUNAK MARU, INDORE

The appeals of the Revenue are dismissed

Bench: Shri Mahavir Prasad & Shri Manish Borad

151 and section 153, in the case of a person where a search is initiated u/s 132 or books of accounts, other documents or any other assets are requisitioned u/s 132A after the 31st day of May, 2003, the assessing officer shall –“ 13. It is also seen that the words ‘to the contrary’ are not mentioned in section 153A

ACIT(CENTRAL)-1,, INDORE vs. SHRI RAJUL BHARGAVA, INDORE

The appeals of the Revenue are dismissed

Bench: Shri Mahavir Prasad & Shri Manish Borad

151 and section 153, in the case of a person where a search is initiated u/s 132 or books of accounts, other documents or any other assets are requisitioned u/s 132A after the 31st day of May, 2003, the assessing officer shall –“ 13. It is also seen that the words ‘to the contrary’ are not mentioned in section 153A

PUMARTH CREDIT CAPITAL LTD,INDORE vs. ACIT 4 (1), INDORE, INDORE

The appeal of the assessee is allowed for

Bench: Shri B.M. Biyani & Shri Dinesh Mohan Sinhaassessment Year: 2015-16 Pumarth Credit Capital Ltd. Acit-4(1), 28/29, Vimla Mahal, Indore 755, Peddar Road, बनाम/ Opp. Jaslok Hospital, Vs. Mumbai (Assessee / Appellant) (Revenue / Respondent) Pan: Aabcp8823E Assessee By Shri Sumit Nema, Sr. Adv. With Gagan Tiwari Adv. Revenue By Shri Sanjiv Kumar, Sr. Dr Date Of Hearing 20.12.2024 Date Of Pronouncement 18.03.2025

151 (1) of the Act 3. That on the facts and circumstances of the case, the notice issued under section 148 by the AO is illegal, bad in law, without jurisdiction and barred by time limitation, hence, the reassessment order dated 27/03/2022 passed by the National Faceless Assessment Centre is also illegal, bad in law and without jurisdiction. 4. That

MS MAPAEX REMEDIES PVT LTD,BHOPAL vs. ACIT 2 (1) BHOPAL, BHOPAL MADHYA PRADESH

Appeals are dismissed

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

151(1) of the Act. The Assessing Officer has noted, while seeking approval of the Commissioner of Income Tax, that during the course of Revenue audit proceedings, an audit objection has been raised on the ground that the assessee was not eligible to a deduction under Section 80IB from A.Y. 20022003. The Assessing Officer notes that the audit objection

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -5(1), BHOPAL , BHOPAL, MADHYA PRADESH vs. MAPAEX REMEDIES PVT. LTD., BHOPAL MADHYA PRADESH

Appeals are dismissed

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

151(1) of the Act. The Assessing Officer has noted, while seeking approval of the Commissioner of Income Tax, that during the course of Revenue audit proceedings, an audit objection has been raised on the ground that the assessee was not eligible to a deduction under Section 80IB from A.Y. 20022003. The Assessing Officer notes that the audit objection

MS MAPAEX REMEDIES PVT LTD,BHOPAL vs. ACIT 2 (1) BHOPAL, BHOPAL

Appeals are dismissed

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

151(1) of the Act. The Assessing Officer has noted, while seeking approval of the Commissioner of Income Tax, that during the course of Revenue audit proceedings, an audit objection has been raised on the ground that the assessee was not eligible to a deduction under Section 80IB from A.Y. 20022003. The Assessing Officer notes that the audit objection

MAPAEX REMEDIES PVT LTD ,BHOPAL vs. THE DCIT -2- (1), BHOPAL , BHOPAL

Appeals are dismissed

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

151(1) of the Act. The Assessing Officer has noted, while seeking approval of the Commissioner of Income Tax, that during the course of Revenue audit proceedings, an audit objection has been raised on the ground that the assessee was not eligible to a deduction under Section 80IB from A.Y. 20022003. The Assessing Officer notes that the audit objection

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE - 5(1), BHOPAL , BHOPAL MADHYA PRADESH vs. MAPAEX REMEDIES PVT LTD, BHOPAL MADHYA PRADESH

Appeals are dismissed

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

151(1) of the Act. The Assessing Officer has noted, while seeking approval of the Commissioner of Income Tax, that during the course of Revenue audit proceedings, an audit objection has been raised on the ground that the assessee was not eligible to a deduction under Section 80IB from A.Y. 20022003. The Assessing Officer notes that the audit objection

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 5 1, BHOPAL , BHOPAL MADHYA PRADESH vs. MAPAEX REMEDIES PVT LTD, BHOPAL MADHYA PRADESH

Appeals are dismissed

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

151(1) of the Act. The Assessing Officer has noted, while seeking approval of the Commissioner of Income Tax, that during the course of Revenue audit proceedings, an audit objection has been raised on the ground that the assessee was not eligible to a deduction under Section 80IB from A.Y. 20022003. The Assessing Officer notes that the audit objection

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

disallowance for two reasons, viz. (i) the assessee could not furnish full evidences in support of the commission- payment, and (ii) the assessee could not produce the payees in person for verification. But we observe that during the course of appeal-proceeding before Ld. CIT(A), the assessee has produced voluminous evidences, as narrated earlier, by means of Rule

THE ACIT, 4(1), INDORE vs. SHRI SANJAY LUNAWAT, INDORE

Bench: Shri Rajpal Yadav, Vice- & Shri Manish Boradvirtual Hearing Assessment Year 2010-11

disallowance u/s 40(a)(ia) of the IT Act even though the first proviso of section 201(1) of the IT Act was inserted w.e.f. 01/07/2012 whereas the relevant A.Y. in the case of the assessee is A. Y. 2010-11 and also the assessee has not produced the certificate from C.A in prescribed proforma as envisaged in provision

THE ACIT, 5(1), INDORE vs. M/S. SYMBIOTIC PHARMALAB LTD., INDORE

In the result, the appeal of the Revenue stands dismissed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2009-10 Acit 5(1), M/S. Symbiotic Indore बनाम/ Pharmalab Ltd. 385, Vs. Pigdamber, Rau, Indore (Revenue) (Respondent) Pan: Aagcs9311 Revenue By Shri Ashima Gupta, Cit- Dr Respondent By Shri Ajay Tulsiyan & Kapil Shah, Cas Date Of Hearing: 29.11.2018 Date Of Pronouncement: 10.12.2018 आदेश / O R D E R Per Manish Borad, A.M: This Appeal Of Revenue Pertaining To A.Y. 2009-10 Is Directed Against The Order Of Ld. Commissioner Of Income Tax(Appeals)-Ii, Indore, (In Short ‘Cit(A)’), Dated 31.12.2015 Which Is Arising Out Of The Order U/S 143(3) Of The Income Tax Act 1961(Hereinafter Called As The ‘Act’) Framed On M/S. Symboitic Pharmalab Ltd. Itano.373/Ind/2016 05.12.2011 By Acit, 5(1) Indore. The Revenue Has Raised Following Grounds Of Appeal: “1. Whether The Ld. Cit(A) Has Erred In Law & On Facts In Restricting The Addition Of Rs. 2,60,50,027/- To Rs.3,74,195/- & Addition Made By The Ao 'After Disallowing U/S 35(2Ab) Deleted To The Extent Of Rs. 2,56,75,832/- On Account Of R&D Expenditure Without Appreciating The Fact That The Assessing Officer Had Pointed Out That Disr Has Not Issue Report In Form 3Cl To Dgit Exemption & Even When No Satisfactory Clarification Was Given By The Assessee To The Ao.” “2.Whether The Ld. Cit(A) Has Erred In Law & On Facts In Deleting The Disallowance Of Rs. 9,97,920/- Made By The Ao On Account Of Foreign Exchange Loss Without Appreciating The Fact That The Assessing Officer Had Pointed Out That The Loss Claimed By The Assessee In The Year Of Fluctuation In The Rate Of Exchange Or The Same Is Allowable Only In The Year' Of Repayment Of Such Loans.”

disallowance is in the spirit of section 43A, but has not made out any case of 17 M/s. Symboitic Pharmalab Ltd. ITANo.373/Ind/2016 applicability of section 43A. As per the clear language of this statutory provision, it can be applied only in case where the liability in foreign currency was incurred only for the purpose of conversion of existing rupee term

SHRI RAVI PRAKASH LANGER PROP M/S LANGER AUTO SALES & SEVICES, UJJAIN,UJJAIN vs. ACIT 2 (1), UJJAIN

In the result, the appeal of the assessee is partly allowed

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

151 of the Act in a mechanical manner. The same is wrong and contrary to the provisions of the Act and the notice u/s. 148 of the Act is invalid and liable to be quashed. The appellant craves leave to add, amend or withdraw any of the ground of appeal on or before the date of hearing.” 3. Based

JCIT(OSD),-2(1),INDORE, INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

section 145(3) of the Act. He accordingly reversed the action of the AO in rejecting the books of accounts of the assessee by holding that the AO was not correct in rejecting the books of accounts. Thereafter, the ld.CIT(A) deleted additions made on account of estimation of gross profit in the transactions of sale of gold and silver

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

section 145(3) of the Act. He accordingly reversed the action of the AO in rejecting the books of accounts of the assessee by holding that the AO was not correct in rejecting the books of accounts. Thereafter, the ld.CIT(A) deleted additions made on account of estimation of gross profit in the transactions of sale of gold and silver

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

section 145(3) of the Act. He accordingly reversed the action of the AO in rejecting the books of accounts of the assessee by holding that the AO was not correct in rejecting the books of accounts. Thereafter, the ld.CIT(A) deleted additions made on account of estimation of gross profit in the transactions of sale of gold and silver