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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

disallowing entire deprecation claimed by appellant and secondly not justified in estimating NP @ 5%. Thus, addition made by the AO amounting to Rs. 2,04,60,184/- is Deleted. Therefore, appeal on this ground is Allowed.” 18. We have considered rival contentions and gone through the material available on record. We find that the facts discussed above squarely establish that

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

disallowing entire deprecation claimed by appellant and secondly not justified in estimating NP @ 5%. Thus, addition made by the AO amounting to Rs. 2,04,60,184/- is Deleted. Therefore, appeal on this ground is Allowed.” 18. We have considered rival contentions and gone through the material available on record. We find that the facts discussed above squarely establish that

DANISH HEALTH CARE P LTD ,UJJAIN vs. PR CIT -1, INDORE

Bench: Ms. Suchitra R Kamble & Shri B.M. Biyaniassessment Year: 2017-18 M/S Danish Health Care Pr. Cit-1, Private Limited, Indore बनाम/ 76/27, Maxi Road, Industrial Area, Vs. Ujjain (Appellant / Assessee) (Respondent / Revenue) Pan: Aaecd5554F Assessee By Ms.Ruchira Negi, Ld. Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 22.03.2023 Date Of Pronouncement 15.06.2023

2(24)(x) read with section 36(1)(va). Ld. AR fairly agreed that the assessee has not deposited employees’ contribution before due dates and in view of decision of Hon’ble Supreme Court in Checkmate Services (P.) Ltd. [2022] 143 taxmann.com 178 (SC), the same is disallowable. Faced with this situation, we agree that the PCIT has rightly invoked

ACIT CENTRAL-2 INDORE, INDORE vs. SHRI .GAURAV TEKRIWAL, INDORE

In the result, this appeal of Revenue is dismissed

Bench: Ms. Madhumita Roy & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2015-16 Acit, Central -2 Shri Gaurav Tekriwal Indore बनाम/ 204, Princess Valley, South Tukoganj, Indore Vs. (Appellant / Revenue) (Respondent / Revenue) Pan: Acppt 1628 Q Assessee By Shri Anil Kamal Garg, Arpit Gaur, Ars Revenue By Shri P.K. Mitra, Cit-Dr Date Of Hearing 21.09.2022 Date Of Pronouncement 21.11.2022

disallowance done by the Assessing Officer of long term capital loss of Rs. 80,23,177/- on account of sale of shares.” 2. The assessee is an individual who filed return of income for the relevant AY 2015-16 on 31.03.2017 declaring a total income of Rs. 12,78,540/-. The case was subjected to scrutiny and statutory notices

THE DCIT,1(1), INDORE vs. M/S. RITSPIN SYNTHETICS LTD., PITHAMPUR

In the result, the appeal filed by the Department is allowed for statistical purposes, in terms indicated above, and the cross-objections filed by the assessee are dismissed as not pressed

Bench: Shri Siddhartha Nautiyal & Shri Bhagirath Mal Biyani

164 taxmann.com 764 (Gujarat), the High Court held that here amount of loan received by assessee was returned within same financial year, appellate authorities had rightly deleted addition made under section 68 of the Act in respect of such loan. 10. In view of the above legal position, we deem it appropriate, in the interest of justice, to restore

INDORE DEVELOPMENT AUTHORITY ,INDORE vs. DCIT (EXEMPTION CIRCLE), BHOPAL

Appeals are allowed and revenue’s appeals

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

Section 37 of the Act matter and constitute the test. Expenditure incurred in furtherance of and connected with the business and commercial activities for which the respondent-assessee was established cannot be disallowed as expenditure not relatable and incurred for 'business' purposes. 15. On the question of capital expenditure, the assessing officer did Page 16 of 29 Indore Development Authority

DEPUTY COMMISSIONER OF INCOME TAX(EXEMPTION), BHOPAL, BHOPAL, MADHYA PRADESH vs. INDORE DEVELOPMENT AUTHORITY, INDORE

Appeals are allowed and revenue’s appeals

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

Section 37 of the Act matter and constitute the test. Expenditure incurred in furtherance of and connected with the business and commercial activities for which the respondent-assessee was established cannot be disallowed as expenditure not relatable and incurred for 'business' purposes. 15. On the question of capital expenditure, the assessing officer did Page 16 of 29 Indore Development Authority

INDORE DEVELOPMENT AUTHORITY ,INDORE vs. DCIT (EXEMPTION CIRCLE), BHOPAL

Appeals are allowed and revenue’s appeals

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

Section 37 of the Act matter and constitute the test. Expenditure incurred in furtherance of and connected with the business and commercial activities for which the respondent-assessee was established cannot be disallowed as expenditure not relatable and incurred for 'business' purposes. 15. On the question of capital expenditure, the assessing officer did Page 16 of 29 Indore Development Authority

INDORE DEVELOPMENT AUTHORITY ,INDORE vs. DCIT ( EXEMPTION CIRCLE) , BHOPAL

Appeals are allowed and revenue’s appeals

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

Section 37 of the Act matter and constitute the test. Expenditure incurred in furtherance of and connected with the business and commercial activities for which the respondent-assessee was established cannot be disallowed as expenditure not relatable and incurred for 'business' purposes. 15. On the question of capital expenditure, the assessing officer did Page 16 of 29 Indore Development Authority

DEPUTY COMMISSIONER OF INCOME TAX(EXEMPTION), BHOPAL, BHOPAL vs. INDORE DEVELOPMENT AUTHORITY, INDORE

Appeals are allowed and revenue’s appeals

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

Section 37 of the Act matter and constitute the test. Expenditure incurred in furtherance of and connected with the business and commercial activities for which the respondent-assessee was established cannot be disallowed as expenditure not relatable and incurred for 'business' purposes. 15. On the question of capital expenditure, the assessing officer did Page 16 of 29 Indore Development Authority

DEPUTY COMMISSIONER OF INCOME TAX(EXEMPTION), BHOPAL, BHOPAL vs. INDORE DEVELOPMENT AUTHORITY, INDORE

Appeals are allowed and revenue’s appeals

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

Section 37 of the Act matter and constitute the test. Expenditure incurred in furtherance of and connected with the business and commercial activities for which the respondent-assessee was established cannot be disallowed as expenditure not relatable and incurred for 'business' purposes. 15. On the question of capital expenditure, the assessing officer did Page 16 of 29 Indore Development Authority

DEPUTY COMMISSIONER OF INCOME TAX, EXEMPTION, BHOPAL, BHOPAL vs. INDORE DEVELOPMENT AUTHORITY, INDORE, INDORE

Appeals are allowed and revenue’s appeals

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

Section 37 of the Act matter and constitute the test. Expenditure incurred in furtherance of and connected with the business and commercial activities for which the respondent-assessee was established cannot be disallowed as expenditure not relatable and incurred for 'business' purposes. 15. On the question of capital expenditure, the assessing officer did Page 16 of 29 Indore Development Authority

DEPUTY COMMISSIONER OF INCOME TAX(EXEMPTION), BHOPAL, BHOPAL vs. INDORE DEVELOPMENT AUTHORITY, INDORE

Appeals are allowed and revenue’s appeals

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

Section 37 of the Act matter and constitute the test. Expenditure incurred in furtherance of and connected with the business and commercial activities for which the respondent-assessee was established cannot be disallowed as expenditure not relatable and incurred for 'business' purposes. 15. On the question of capital expenditure, the assessing officer did Page 16 of 29 Indore Development Authority

INDORE DEVELOPMENT AUTHORITY,INDORE vs. DCIT (EXEMPTION CIRCLE), BHOPAL

Appeals are allowed and revenue’s appeals

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

Section 37 of the Act matter and constitute the test. Expenditure incurred in furtherance of and connected with the business and commercial activities for which the respondent-assessee was established cannot be disallowed as expenditure not relatable and incurred for 'business' purposes. 15. On the question of capital expenditure, the assessing officer did Page 16 of 29 Indore Development Authority

THE EVEREST ENGLISH EDUCATION EXTENSION SOCIETY ,TILAK NAGAR, DEWAS (M.P.) vs. INCOME TAX OFFICER, EXEMPTION WARD, UJJAIN, EXEMPTION WARD, UJJAIN

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanithe Everest English Education Ito Extension Society Ujjain 83 Bhagat Singh Marg Meera Vs. Bawdi, Dewas (Appellant / Assessee) (Respondent/ Revenue) Pan: Aabtt4223B Assessee By Shri Manoj Madnis, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 24.06.2024 Date Of Pronouncement 25.06.2024

disallowed and no exemption u/s 11 is allowed on this amount. Amount of Rs. 46,53,442/- is being taxed at Maximum Marginal Rate as per provisions of section 164(2

BALAJI PHOSPHATES LIMITED,INDORE vs. DCITACIT 1(1) INDORE, INDORE

In the result appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanibalaji Phosphates Limited, Dcitacit 1(1), 305, Utsav Avenue, Indore Vs. 12/5 Ushaganj, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aadcb5654R Assessee By Shri Subhash Jain, Ars Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 25.07.2024 Date Of Pronouncement 29.07.2024 O R D E R

164 to 166 as under: 7 Balaji Phosphates Limited 8 Balaji Phosphates Limited 9 Balaji Phosphates Limited 10 Balaji Phosphates Limited 5.1 We find from the record that so far as the adjustment made by the CPC u/s 143(1) of the Act it was a double addition on account of disallowance made

MORNI SAREES PRIVATE LIMITED,INDORE vs. ASST. DIRECTOR OF INCOME TAX, CPC, BENGALURU

In the result, the order of the CIT(A) is set aside, and the appeal of the assessee is partly allowed”

Bench: Shri B.M. Biyani & Shri Paresh M Joshi

2. A.Y 2019-20 Rs.5,58,100 3. A.Y 2021-22 Rs.9,59,000* 4 A.Y 2022-23 Rs.19,82,500 *A.Y 2021-22 under present appeal 2.8 That the provision of Bonus payable for the period was made on 31.03.2021 for paying the bonus to the employees as a part of incentive in the form of salary the same

ASSISTANT COMMISSIONER OF INCOME TAX, BHOPAL vs. MAPAEX REMEDIES PVT. LTD. , BHOPAL

In the result, the appeal of the revenue is dismissed due to low tax effect

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniacit Mapaex Remedies Pvt. Ltd. Bhopal Room No.213, Aayakar Bhawan Vs. Arera Hills, Hoshangabad Road, Bhopal (Appellant / Revenue) (Respondent/ Assessee) Pan: Aalpu0989K Assessee By Shri Ram Kumar Yadav, Cit-Dr Revenue By Shri Sumit Nema, Sr. Adv. With Shri Gagan Tiwari Adv. Date Of Hearing 05.09.2024 Date Of Pronouncement 05.09.2024

disallowance of deduction u/s 80IC of the Act made in the order u/s 143(3) r.w.s. 147 of the Act dated 07.12.2018 and circumvented the intention of legislature towards deduction u/s 80IC of the Act, by misinterpreting the plane and lucid meaning of section 80IC of the Act and allowing deduction u/s 80IC to a service provider, however the same