CUMMINS TECHNOLOGIES INDIA (P) LTD.,DEWAS vs. ACIT CIRCLE 1(1), UJJAIN

In the result, the appeal of the assesse is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanicommins Technologies India Acit, Circle -1(1) Private Limited Ujjain Vs. Industrial Area No.2, A.B. Road, M.P. (Appellant / Assessee) (Revenue) Pan: Aabct2018B Assessee By Shri Ketan Ved & Pinkesh Vakharia Ars Revenue By Ms. Simran Bhullar, Cit-Dr Date Of Hearing 29.11.2023 Date Of Pronouncement 30.11.2023

disallowance of claim of INR 72,992/- under section 10AA of the Act on the interest earned from fixed deposits kept with bank(s) by the Appellant as margin money for providing letter of credit and guarantee to the suppliers and other Government departments for registration like Sales Tax etc. 8. Deduction in respect of 'Education Cess on income

SHRI BHAWANI SHANKAR PARASHAR,INDORE vs. THE DCIT/ACIT 1 (2), INDORE

In the result, appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Bhawani Shankar Pr. Cit-1 Prashar Indore 28, Lasudia Mori, Vijay Vs. Nagar, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Bgbpp 2475 G Assessee By Shri S.N. Agrawal, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 02.05.2023 Date Of Pronouncement 21.06.2023

234C of the Act. The amount of interest as charged under these sections are excessive the same now requires to be charged as per law. 12.The appellant craves leave to add, alter or modify any ground of appeal as taken by it.” 23. Thus, the assesse has raised specific issues before ld. CIT(A) regarding the validity of reference made

NEW VISION SOFTEOCOM & CONSULTABCY P LTD ,BHOPAL vs. THE DCIT/ACIT 3(1) , BHOPAL

In the result, the appeal of the assessee is dismissed

Bench: The Last Date Of Filing The Income Tax Return U/S 139(1) Of The Act As Required By Section 43B(B) For Allowability Of Deduction On Actual Payment Basis.

234C Rs. 20,134/- respectively. 5. That the order passed by the learned Commissioner of Income tax (Appeals) has computed total income of Rs.49,31,690/- instead of Rs. 43,72,580/- returned by the Appellant. 6. That each ground is independent of and without prejudice to the other grounds raised herein. 7. The Appellant craves, leave to add, amend

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

section 43 B are not applicable in case of appellant as bonus paid to employees is not covered u/s 43B and therefore the aforesaid disallowance is arbitrary, unjust and bad-in-law both on facts and in law. III. As regards payment of Bonus of Rs. 7,19,000/- before due date of filing of ITR Without prejudice

M/S DAULATARAM ENGINEERING SERVICES P.LTD,MANDIDEEP vs. THE ADIT/CPC , BANGALORE

In the result, this appeal is dismissed

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

234C is unlawful and, therefore, the said levy be kindly deleted.” Ground No. 1 and 2: 2. In these grounds, the assessee challenges the disallowances of Rs. 38,70,983/- (+) Rs. 51,07,903/- made by AO on account of employees’ contributions received by assessee towards Provident Fund / Employees State Insurance Fund (PF/ESI) by way of deduction from salaries

SMT SMITA BHALOT ,DHAR vs. THE ADRT CPC BENGALURU, BENGALURU

In the result, the appeal of assessee is allowed

Bench: Ms.Madhumita Roy & Shri B.M. Biyani

section 234B and 234C of the Income Tax Act, 1961 even when such amount of interest charges was arbitrary, excessive and not chargeable as per provisions of the Act. A.Y. 2019-20 Page 3 of 8 5. The appellant reserves the right to add, alter and modify the grounds of appeal as taken by him.” GROUND

CATAYSER EDUVENTURES (INDIA)P LTD,INDORE vs. THE DCIT2(1) INDORE, INDORE

In the result, appeal of the assessee is allowed

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

Section 43B of the Act by the Finance Act, 2021 with effect from 01.04.2021 was clarificatory/declaratory in nature and therefore, these amendments were retrospective in operation under the facts and in the circumstances of the appellant’s case. 4.1 The learned CIT(A)/NFAC ought to have appreciated that the aforesaid amendments by the Finance Act, 2021 cannot be regarded

SHRI SURENDRA SINGH BHATIA,INDORE vs. THE JCIT-3, INDORE

In the result, assessee’s appeal is allowed

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

disallowances ouf of various expenses claimed by the appellant whereas the remaining addition of Rs.8,83,283/- was made by invoking the provisions of S.14A of the Act. The AO while passing the assessment order also initiated penalty proceedings under S.271AAA of the Act. A copy of the assessment order has already been furnished by the appellant along with

DEPUTY COMMISSIONER OF INCOME TAX 1(1) , BHOPAL vs. M/S. SOM DISTILLERIES & BREWERIES LTD., BHOPAL

In the result Ground No.2 of the revenue is allowed for

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2012-13 Pan : Aabcs3374B

234C is unlawful and without jurisdiction, therefore, the same be kindly deleted. Som Distilleries & Breweries Ltd ITA No.495/Ind/2018 & ITA No.516/Ind/2018 3. Through ITA No.516/Ind/2018 revenue has raised following grounds of appeal; "On the facts and in the circumstances of the case, the CIT(Appeal) has erred in: 1. "Whether on facts and circumstances of the case

M/S. SOM DISTILLERIES & BREWERIES LTD.,BHOPAL vs. THE ACIT, 1(2), BHOPAL

In the result Ground No.2 of the revenue is allowed for

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2012-13 Pan : Aabcs3374B

234C is unlawful and without jurisdiction, therefore, the same be kindly deleted. Som Distilleries & Breweries Ltd ITA No.495/Ind/2018 & ITA No.516/Ind/2018 3. Through ITA No.516/Ind/2018 revenue has raised following grounds of appeal; "On the facts and in the circumstances of the case, the CIT(Appeal) has erred in: 1. "Whether on facts and circumstances of the case

ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL)-II, BHOPAL, BHOPAL vs. M/S AGRAWAL CONSTRUCTION CO., BHOPAL

Bench: Shri Manish Borad & Mis Madhumita Royvirtual Hearing It(Ss)A Nos.233 To 238/Ind/2017 Assessment Year:2006-07 To 2011-12 M/S. Agrawal Construction Co. Acit, 1(1) बनाम/ Bhopal Bhopal (Appellant) (Respondent ) Vs. P.A. No.Aaefa8225H It(Ss)A No.224 To 226/Ind/2017 Assessment Year:2009-10 To 2011-12 Acit, 1(1) M/S. Agrawal Construction बनाम/ Bhopal Co. Bhopal Vs. (Appellant) (Respondent ) P.A. No.Aaefa8225H Assessment Year: 2012-13

section 8018(10), hence it is fully eligible for the said deduction claimed u/s.80IB(10) at Rs. 3,33,72,475 which be kindly allowed. (4) That on the facts & in the circumstances of the case and in law, the eligibility of deduction claimed u/s.80IB(10) be kindly adjudicated with reference to the law prevailed on the date of approval

M/S AGARWAL CONSTRUCTION COMPANY ,BHOPAL vs. DYPTI COMMISSIONER OF INCOME TAX, (CENTRAL), BHOPAL, BHOPAL

Bench: Shri Manish Borad & Mis Madhumita Royvirtual Hearing It(Ss)A Nos.233 To 238/Ind/2017 Assessment Year:2006-07 To 2011-12 M/S. Agrawal Construction Co. Acit, 1(1) बनाम/ Bhopal Bhopal (Appellant) (Respondent ) Vs. P.A. No.Aaefa8225H It(Ss)A No.224 To 226/Ind/2017 Assessment Year:2009-10 To 2011-12 Acit, 1(1) M/S. Agrawal Construction बनाम/ Bhopal Co. Bhopal Vs. (Appellant) (Respondent ) P.A. No.Aaefa8225H Assessment Year: 2012-13

section 8018(10), hence it is fully eligible for the said deduction claimed u/s.80IB(10) at Rs. 3,33,72,475 which be kindly allowed. (4) That on the facts & in the circumstances of the case and in law, the eligibility of deduction claimed u/s.80IB(10) be kindly adjudicated with reference to the law prevailed on the date of approval

M/S M.P. MADHYAM,BHOPAL vs. THE DCIT ( CPC ), BHOPAL

In the result, appeals of assessee for A

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

234C are contrary to the provisions of law, hence be kindly cancelled.” 2. At the time of hearing Ld. Sr. counsel for the assesse has submitted that the orders of the CPC, Bangalore passed u/s 143(1) dated 21.02.2018 and 31.03.2019 for A.Ys.2016-17 & 2017-18 respectively are invalid and liable to be set aside because prior to these

M/S M.P. MADHYAM,BHOPAL vs. THE DCIT ( CPC ), BHOPAL

In the result, appeals of assessee for A

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

234C are contrary to the provisions of law, hence be kindly cancelled.” 2. At the time of hearing Ld. Sr. counsel for the assesse has submitted that the orders of the CPC, Bangalore passed u/s 143(1) dated 21.02.2018 and 31.03.2019 for A.Ys.2016-17 & 2017-18 respectively are invalid and liable to be set aside because prior to these

MILLION TRADERS BHOPAL P LTD,BHOPAL vs. THE ACIT,CPC,BENGALURU, BENGALURU

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

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

234C is unlawful and without jurisdiction therefore, the same be kindly deleted.” 2. The solitary grievance of the assessee for both the assessment year 2017-18 & 2018-19 is regarding non allowance of the credit of TCS collected by the Excise Department of State of M.P. in respect of the purchase of liquor due to nonappearance in the PAN account

MILLION TRADERS BHOPAL P LTD,BHOPAL vs. THE ACIT,CPC,BENGALURU, BENGALURU

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

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

234C is unlawful and without jurisdiction therefore, the same be kindly deleted.” 2. The solitary grievance of the assessee for both the assessment year 2017-18 & 2018-19 is regarding non allowance of the credit of TCS collected by the Excise Department of State of M.P. in respect of the purchase of liquor due to nonappearance in the PAN account

SHRI HAKIMUDDIN KHAMBATI,INDORE vs. ITO-4(4) RANGE-4, INDORE

In the result appeal of the assessee in ITA No

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

234C of the Act. 4. The Appellant craves leave to add to, alter and modify the grounds of appeal as taken by her. Hakumuddin Khambati & Anr ITA No.288 & 410/Ind/2019 3. Brief facts of the case as culled our from the records in the case of the assessee namely Shri Hakumuddhin Khambati is that he is an individual

SMT. MANISHA AGRAWAL,INDORE vs. THE ITO-4 (3), INDORE

In the result appeal of the assessee in ITA No

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

234C of the Act. 4. The Appellant craves leave to add to, alter and modify the grounds of appeal as taken by her. Hakumuddin Khambati & Anr ITA No.288 & 410/Ind/2019 3. Brief facts of the case as culled our from the records in the case of the assessee namely Shri Hakumuddhin Khambati is that he is an individual

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)

234C are unlawful and without jurisdiction hence the said levies be kindly cancelled. Ground No. 1: 5. In this ground, the assessee has challenged the disallowance of Rs. 6,27,157/- u/s 14A upheld by CIT(A) out of total disallowance of Rs. 7,02,964/- made by AO. 6. After hearing submissions of learned Representatives of both sides