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

THE DCIT1(1), INDORE vs. SHRI RAVI ARORA, INDORE

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year:2011-12 Dcit-5(1), Shri Ravi Arora, Indore 1007, Khatiwala Tank, बनाम/ 236, Indraprasth Tower, 6, M.G. Road, Vs. Indore. (Revenue / Appellant) (Assessee / Respondent) Pan: Agdpa8921H Assessee By Shri Yash Kukreja, Ca & Shri Hitesh Chimnani, Adv & Ld. Ars Revenue By Shri P.K.Mishra, Cit Dr Date Of Hearing 04.05.2023 Date Of Pronouncement 31.07.2023

171 (Bom) - G. G. Disamond International v. Dy. CIT, 104 TTJ 809 (Mum)(Trib) - ITO v. Surana Traders, (2005) 92 ITD 212 (Mum)(Trib.) - Balaji Textile Industries (P) Ltd. V. ITO, (1994) 49 ITD 177 (Mum) Without prejudice to above total disallowance of salary and taxing Gross revenue is not justified. Attention is invited to the decision

BHARAT SHAH,INDORE vs. THE ITO3(4), INDORE

In the result, Assessee’s appeal ITANo

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year: 2013-14

171 pages and plethora of judgments referred in the paper book dated 4th August 2021 containing 51 pages. Crux of the argument of the assessee are that the assessee has acted within the parameters provided u/s 54F of the Act by way of entering into an agreement to purchase a residential house within time limit provided under section, taken possession

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 not justified. (5) ACIT vs. Uday S. Kotak (2007) 13 SOT 548 Mum In this context it is to be seen that how much brokerage income has been earned by the assessee, whether his claim for payment of sub-brokerage is disproportionate to the earning of the gross brokerage, whether by incurring such expenses assessee is able to achieve

M.P.MADHYAM,BHOPAL vs. THE ACIT EXEMPTION, BHOPAL

In the result, appeals of assessee for A

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

disallowances. Thus, ground nos. 1 to 5 are allowed. 5.1 By following the said decision of the Tribunal the Coordinate Bench of this Tribunal for A.Y.2012-13 vide order dated 21.09.2022 has again decided this issue in favour of the assessee by holding that the assessee is charitable institute and eligible for exemption u/s 11 of the Act. These decisions passed

M.P.MADHYAM,BHOPAL vs. THE ACIT EXEMPTION, BHOPAL

In the result, appeals of assessee for A

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

disallowances. Thus, ground nos. 1 to 5 are allowed. 5.1 By following the said decision of the Tribunal the Coordinate Bench of this Tribunal for A.Y.2012-13 vide order dated 21.09.2022 has again decided this issue in favour of the assessee by holding that the assessee is charitable institute and eligible for exemption u/s 11 of the Act. These decisions passed

M.P.MADHYAM,BHOPAL vs. THE DCIT EXEMPTION, BHOPAL

In the result, appeals of assessee for A

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

disallowances. Thus, ground nos. 1 to 5 are allowed. 5.1 By following the said decision of the Tribunal the Coordinate Bench of this Tribunal for A.Y.2012-13 vide order dated 21.09.2022 has again decided this issue in favour of the assessee by holding that the assessee is charitable institute and eligible for exemption u/s 11 of the Act. These decisions passed

M/S M.P. MADHYAM,BHOPAL vs. THE ACIT EXEMPTION, BHOPAL

In the result, appeals of assessee for A

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

disallowances. Thus, ground nos. 1 to 5 are allowed. 5.1 By following the said decision of the Tribunal the Coordinate Bench of this Tribunal for A.Y.2012-13 vide order dated 21.09.2022 has again decided this issue in favour of the assessee by holding that the assessee is charitable institute and eligible for exemption u/s 11 of the Act. These decisions passed

M/S. S.R. FERRO ALLOYS,JHABUA vs. THE PCIT, BHOPAL

In the result, the appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanis.R. Ferro Alloys Pr. Cit, Central 9, Siddheswar Colony Bhopal Vs. Jhabua (Appellant / Assessee) (Revenue) Pan: Abhfs7377Q Appellant By Shri Sumit Nema, Sr. Adv. & Gagan Tiwari, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.10.2023 Date Of Pronouncement 09.11.2023

171 ITR 698, we are of the considered opinion that merely because the Income- tax Officer had not written lengthy order it would not establish that the assessment order passed under Section 143(3)/148 of the Act is erroneous and prejudicial to the interests of the Revenue without bringing on record specific instances, which in the present case

DEPUTY COMMISSIONER OF INCOME TAX -5(1), INDORE vs. M/S SUNDERDEEP CONSTRUCTIONS PVT. LTD. , INDORE

In the result both the appeals of the revenue vide ITA No

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

Section 37(1) of the Act. 3. Development charges whether received or not would accrue to the assessee at the rate of Rs.170/- per Sq. Feet at par with 22 buyers of the plots and thus, the development charges would not be a charge on the assessee's profit as the same would be commensurately recoverable from the buyers

DEPUTY COMMISSIONER OF INCOME TAX -5(1), INDORE vs. M/S SUNDERDEEP CONSTRUCTIONS PVT. LTD. , INDORE

In the result both the appeals of the revenue vide ITA No

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

Section 37(1) of the Act. 3. Development charges whether received or not would accrue to the assessee at the rate of Rs.170/- per Sq. Feet at par with 22 buyers of the plots and thus, the development charges would not be a charge on the assessee's profit as the same would be commensurately recoverable from the buyers

DECENT INDUSTRIES P. LTD.,BHOPAL vs. ITO-1(2), BHOPAL

Appeal is partly allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani(Virtual Hearing) Assessment Year: 2012-13 M/S Decent Industries Ito-1(2), Private Ltd, Bhopal 5Th Floor, Corporate Park, बनाम/ Db City Area Hills, Vs. Opp. M.P. Nagar Zone I, Bhopal (Assessee/Appellant) (Revenue/Respondent) Pan: Aaeca6271G Assessee By Ms. Shilpa Gupta & Shri N.K. Gupta Revenue By Shri V.K. Singh, Cit-Dr Date Of Hearing 04.06.2024 Date Of Pronouncement 20.08.2024

disallowance of expenses u/s 14A. Aggrieved, the assessee carried matter in first-appeal and made detailed Page 3 of 44 M/s Decent Industries Pvt. Ltd ITA No. 356/Ind/2023 – AY 2012-13 submissions but did not get any success. Still aggrieved, the assessee has come in next appeal before us. 3. The grounds raised by assessee are as under

DR. VINOD BHANDARI,INDORE vs. THE DCIT CIR. 2(1), INDORE

In the result appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Shri Vinod Bhandari, Pr. Cit(1), Indore 21- Gf, Bhandari House, Talkies, Scheme No.54, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) Pan No.Abnpb6240M Assessment Year: 2012-13

disallowance of excess interest u/s 57 d. Details of amounts appearing in 26AS Statement 4. Further the A.O had - in its show cause notice dt./ 18/03/2015 also mentioned interest amount of Rs. 3479097/- in addition to Rs.7.00 Crores surrendered during the Survey. From all the above it is clear that the A.D had obtained the details of all the heads

DR. VINOD BHANDARI,INDORE vs. THE ACIT CIR. 2(1), INDORE

In the result appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Shri Vinod Bhandari, Pr. Cit(1), Indore 21- Gf, Bhandari House, Talkies, Scheme No.54, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) Pan No.Abnpb6240M Assessment Year: 2012-13

disallowance of excess interest u/s 57 d. Details of amounts appearing in 26AS Statement 4. Further the A.O had - in its show cause notice dt./ 18/03/2015 also mentioned interest amount of Rs. 3479097/- in addition to Rs.7.00 Crores surrendered during the Survey. From all the above it is clear that the A.D had obtained the details of all the heads

SHRI VINOD BHANDARI,INDORE vs. THE PR.CIT-1, INDORE

In the result appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Shri Vinod Bhandari, Pr. Cit(1), Indore 21- Gf, Bhandari House, Talkies, Scheme No.54, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) Pan No.Abnpb6240M Assessment Year: 2012-13

disallowance of excess interest u/s 57 d. Details of amounts appearing in 26AS Statement 4. Further the A.O had - in its show cause notice dt./ 18/03/2015 also mentioned interest amount of Rs. 3479097/- in addition to Rs.7.00 Crores surrendered during the Survey. From all the above it is clear that the A.D had obtained the details of all the heads

M/S RADHISHWARI DEVLOPERS P LTD,INDORE vs. PR CIT -2 INDORE, INDORE

In the result, Assessee’s appeal in ITANo

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing Assessment Year 2013-14 M/S. Radhishwari Developers P. Ltd. (Now Known As R.C. Warehousing Pvt. Ltd. ) Indore : Appellant Pan :Aafcr1916A V/S Pr. Cito-2 : Respondent Indore Appellant By S/Shri Sumit Nema Sr. Adv. With Gagan Tiwari & Piyush Parashar Advs. Revenue By Shri S.S. Mantri, Cit-Dr Date Of Hearing 24.05.2021 Date Of Pronouncement 20.07.2021

disallowing said payments under section 40A (3)- Whether on facts, impugned revisional order did not require any interference- Held, yes [Para-16] [ In favour of revenue] 4.0 Therefore, in view of the above discussion I am of the considered opinion that the order dated: 06.01.2016 for A.Y. 2013-14 is erroneous in so far as it is also prejudicial

HARVIDER SINGH KALRA,UJJAIN vs. THE ITO1(1), UJJAIN

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year : 2014-15 Shri Harvinder Singh Ito, Kalra, 1(1), बनाम/ Agar Road, Ujjain Ganesh Nagar, Vs. Ujjain (Assessee / Appellant) (Revenue / Respondent) Pan: Ahipk9285C Assessee By Shri S.S.Deshpande, Ca Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 26.09.2023 Date Of Pronouncement 03.10.2023

disallowed and addition of Rs. 36,37,171/- is being made. Since, the assessee furnished inaccurate particular of income penalty u/s 271(1)(c) is being initiated separately.” But the assessee has filed a copy of written-submission dated 17/05/2019 filed to AO in response to the notice dated 03.05.2019 u/s 142(1) at Page

THE ITO-1(1), BHOPAL vs. M/S FRIENDS ASSOCIATES, BHOPAL

In the result, the appeal of revenue is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniito-1(1) M/S Friends Associates Bhopal Shop No.32, G.T.B. Complex New Market, Vs. Bhopal

section 148 was completed on 19.12.2019. Subsequently, the AO initiated the proceedings u/s 154 of the Act to rectify the mistake of allowing the claim of deduction in respect of the expenditure on which no TDS was deducted as reflected in the tax audit report in form 36. Ld. DR has submitted that the AO while passing the order