ACIT, KHANDWA vs. M/S JILA SAHAKARI KENDRIYA BANK, , KHARGONE

Accordingly Ld. AO made a mathematical working of 20% limit at Rs. 5,54,05,042/-; finally disallowed excess deduction of Rs

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2014-15 Acit M/S. Jila Sahakari Khandwa Kendriya Bank, बनाम/ Khandwa Road, Khargone Vs. (Appellant /Revenue) (Respondent / Assessee) Pan: Aaatj 0529 K Revenue By Shri P.K. Mishra, Cit-Dr Assessee By Shri Subhash Jain & Milind Wadhwani, Ars Date Of Hearing 01.02.2023 Date Of Pronouncement 28.04.2023

disallowance of Rs. 2 lacs confirmed by both the lower authorities relating to provision for contingency of standard assets claimed by the assessee u/s 36(1)(viia) of the Act. Before proceeding further we would like to reproduce the provision of section 36(1)(viia) of the Act as under :- “Other deductions. Page 4 of 18 M/s Jila Sahakari Kendriya

SHYAM SUNDER,BHOPAL vs. THE CIT(A) NFAC, DELHI

In the result, the appeal of assesse is dismissed

Bench: Shri Vijay Pal Raoshyam Sunder Trivedi Ito1(4) Opp.-1 Vashundra State Bank Bhopal Vs. Colony Bhopal (Appellant / Assessee) (Revenue) Pan: Actpt 3280G Assessee By None Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 15.11.2023 Date Of Pronouncement 16.11.2023

via) read with section 43B of Income-tax Act, 1961, the ITAT followed certain decisions of Hon'ble Courts favouring the assessee. Now, the Hon'ble Supreme Court has settled this controversy in the case of Checkmat Services Private Limited vs. CIT, 448 ITR 518against assessee and in favour of revenue by holding that the payment of employees' contribution

JILA SAHAKARI KENDRIYA BANK MARYADIT,KHARGONE vs. THE INCOME TAX OFFICER NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

Appeal of the assessee is dismissed”

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2022-23 Jila Sahakari Kendriya Cpc / Nfac Bank Maryadit, बनाम/ 33,Khandwa Road, Vs. Khargone (Assessee/Appellant) (Revenue/Respondent) Pan: Aaatj0529K Assessee By Shri Subhash Jain, Ar Revenue By Shri Ram Kumar Yadav, Cit Dr Shri Ashish Porwal, Sr. Dr Date Of Hearing 27.06.2024 Date Of Pronouncement 01.07.2024

36(1)(via) shall follow. Even the pleading of undue hardship faced by Page 4 of 7 Jila Sahakari Kendriya Bank Mydt., Khargone ITA No. 180/Ind/2024– AY 2022-23 assessee owing to such disallowance was not accepted by Hon’ble Supreme Court. In para 46 and 48, the Hon’ble Court has also made following notable observations: “46. A discussion

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

VIA of the Act a. Copy of Donation receipts to certain funds for deduction U/s 80-G Copy of letter dated 24.2.2014. We are submitting the following documents as required by you vide above cited notice:- 1.Please specify the source of your income and Address of Head office and branches of the business carried by you. Assessee is a Doctor

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

VIA of the Act a. Copy of Donation receipts to certain funds for deduction U/s 80-G Copy of letter dated 24.2.2014. We are submitting the following documents as required by you vide above cited notice:- 1.Please specify the source of your income and Address of Head office and branches of the business carried by you. Assessee is a Doctor

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

VIA of the Act a. Copy of Donation receipts to certain funds for deduction U/s 80-G Copy of letter dated 24.2.2014. We are submitting the following documents as required by you vide above cited notice:- 1.Please specify the source of your income and Address of Head office and branches of the business carried by you. Assessee is a Doctor

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION) CIRCLE BHOPAL, BHOPAL vs. MAYANK WELFARE SOCIETY, INDORE

In the result, Revenue’s appeal for the AY 2013-14

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

section 12A - list of honors submitted Incomplete details of donors does not mean donations are unaccounted money - Addition oj Donations as cash credit and denying benefit not justified - Income-tax Act, 1961, ss. 11, 12A, 68." 3.14 As decided in the cases of Vaishnavi Educations Society vs Deputy Commissioner of Income Tax ITAT Hyderabad Tribunal {B} {20l5

THE DCIT, (EXEMPTION) CIRCLE, BHOPAL vs. M/S. MAYANK WELFARE SOCIETY, BHOPAL

In the result, Revenue’s appeal for the AY 2013-14

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

section 12A - list of honors submitted Incomplete details of donors does not mean donations are unaccounted money - Addition oj Donations as cash credit and denying benefit not justified - Income-tax Act, 1961, ss. 11, 12A, 68." 3.14 As decided in the cases of Vaishnavi Educations Society vs Deputy Commissioner of Income Tax ITAT Hyderabad Tribunal {B} {20l5

M/S VIKRAMADITYA NAGRIK SAHAKARI BANK MARYADIT,UJJAIN vs. THE ACIT, UJJAIN

In the result, the appeal of the assessee stands allowed

Bench: Shri Kul Bharat, Hon’Ble & Shri Manish Borad, Hon’Blea.Y. 2013-14

disallowance of Rs.2 lacs confirmed by both the lower authorities relating to “provision for contingency of standard assets” claimed by the assessee u/s 36(1)(viia) of the Act. Before proceeding further we would like to reproduce the provision of section 36(1)(viia) of the Act as under :- “Other deductions. Vikramaditya Nagrik Sahkari 36. (1) The deductions provided

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

via speed post and sent on registered e-mail.” 8.1 Thus, the Pr. CIT has observed that the AO could have called for supporting documents for verification of the lender and his creditworthiness and the genuineness of the transaction involved while passing assessment order. At the outset, we note that the AO has issued notice u/s 142(1) dated 21st

THE DCIT(EXEMPTION), BHOPAL vs. M/S. INDORE EDUCATION AND SERVICE SOCIETY, INDORE

In the result, the appeal is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13

via) shall not be treated as application if income to the objects for which such fund or trust or institution or university or educational institution or hospital or other medical institution as the case may be is established. Thus from the reading of the above proviso it is clear that the proviso comes into play if the eligible assessee does

AKASH JAIN,BHOPAL vs. DCIT (CENTRAL-1), BHOPAL, BHOPAL

Appeal is allowed

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiakash Jain, Dcit (Central-1) बनाम/ B-244, Shahpura, Bhopal Vs. Bhopal (Assessee/Appellant) (Revenue/Respondent) Assessees By Shri S.S. Deshpande, Ar Revenue By Shri Ashish Porwal, Sr. Dr

36 (Appeal Memo). 2. The background facts leading to this appeal are such that a search u/s 132 of the Act was conducted by Income-tax Department upon assessee on 04.08.2017 pursuant to which the assessments for AYs 2012- 13 to 2018-19 were framed u/s 153A/143(3). In present appeal, we are Page 1 of 6 Akash Jain

SHRI SHRIRAM TOSHNIWAL,BURHANPUR vs. ACIT, KHANDWA

In the result appeal the assessee is partly allowed

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2014-15 Shri Shriram Toshniwal, Asstt. Commissioner Of Prop. M/S. Gayatri Vs. Income Tax, Enterprises, Udyog Nagar, Khandwa Burhanpur (Appellant) (Respondent ) Pan Abxpt0602K Revenue By Shri K.C. Selvamani, Sr.Dr Assessee By Shri Maneesh Vaidya & Ms. Preeti Patwa, Cas Date Of Hearing 18.03.2019 Date Of Pronouncement 11.04.2019 O R D E R

Disallowance u/s 14A 1,24,074 3. Total income assessed 4,07,27,237 4. Rounded off Rs.4,07,27,240 Aggrieved assessee preferred appeal before Ld. CIT(A) and partly succeeded. 4. Now the assessee is in appeal before the Tribunal. Shriram Toshiniwal 5. Ld. Counsel for the assessee referring to the detailed written submission challenged the validity

SHRI DANDI SEWA ASHRAM,ONKARESHWAR vs. INCOME TAX OFFICER EXEMPTION , BHOPAL

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

via). Therefore, the return of income was correctly processed by the CPC determining total income at Rs.9,25,762/-, Hence, there is no mistake apparent from records i.e. Computation of income as well as computation of tax. In view of the above facts, the application u/s 154 of the Income Tax Act, 1961 is hereby rejected." The aforesaid order

SMT VIJAYA NYATI, DHAR vs. ITO, DHAR

In the result appeals of the assessee(s) namely Kumari

Bench: Hon'Ble Manish Borad & Hon'Ble Madhumita Royassessment Year:2014-15 Kumari Ayushi Nyati Ito, 5(5) 10, Balaji Vihar, 1-2, Maa Durg Indore बनाम/ Nagar, Navlakha Main Road 1 To Vs. 7, Indore (Appellant) (Revenue ) P.A. No.Ajppn2679C Assessment Year:2014-15 Smt. Vijaya Nyati, Ito, Dhar 5 Nyati House, Mandi Road बनाम/ Dhammod, Dist: Dhar M.P. Vs. (Appellant) (Revenue ) P.A. No.Aappn8302B Assessment Year:2014-15 Shri Vijay Kumar Radheshyam Ito, Dhar Nyati, Huf बनाम/ 5 Nyati House, Mandi Road Vs. Dhammod, Dist: Dhar M.P. (Appellant) (Revenue ) P.A. No.Aachv4415Q

disallowing Long Term Capital Gain on sale of shares of Rs. 35,99,598/- claimed exempt u/s 10(38) of the Act, 1961 and treating it as income from undisclosed sources. That on the facts and in the circumstances of the case, the Long Term Capital Gain of Rs. 35,99,598/- was rightly claimed as exempt

VIJAY RADHESHYAM NYATI HUF,DHAR vs. ITO, DHAR

In the result appeals of the assessee(s) namely Kumari

Bench: Hon'Ble Manish Borad & Hon'Ble Madhumita Royassessment Year:2014-15 Kumari Ayushi Nyati Ito, 5(5) 10, Balaji Vihar, 1-2, Maa Durg Indore बनाम/ Nagar, Navlakha Main Road 1 To Vs. 7, Indore (Appellant) (Revenue ) P.A. No.Ajppn2679C Assessment Year:2014-15 Smt. Vijaya Nyati, Ito, Dhar 5 Nyati House, Mandi Road बनाम/ Dhammod, Dist: Dhar M.P. Vs. (Appellant) (Revenue ) P.A. No.Aappn8302B Assessment Year:2014-15 Shri Vijay Kumar Radheshyam Ito, Dhar Nyati, Huf बनाम/ 5 Nyati House, Mandi Road Vs. Dhammod, Dist: Dhar M.P. (Appellant) (Revenue ) P.A. No.Aachv4415Q

disallowing Long Term Capital Gain on sale of shares of Rs. 35,99,598/- claimed exempt u/s 10(38) of the Act, 1961 and treating it as income from undisclosed sources. That on the facts and in the circumstances of the case, the Long Term Capital Gain of Rs. 35,99,598/- was rightly claimed as exempt

SMT. MAMTA NYATI DHAMNOD DISTT. DHAR,DHAMNOD vs. ITO DHAR, DHAR

In the result appeals of the assessee(s) namely Kumari

Bench: Hon'Ble Manish Borad & Hon'Ble Madhumita Royassessment Year:2014-15 Kumari Ayushi Nyati Ito, 5(5) 10, Balaji Vihar, 1-2, Maa Durg Indore बनाम/ Nagar, Navlakha Main Road 1 To Vs. 7, Indore (Appellant) (Revenue ) P.A. No.Ajppn2679C Assessment Year:2014-15 Smt. Vijaya Nyati, Ito, Dhar 5 Nyati House, Mandi Road बनाम/ Dhammod, Dist: Dhar M.P. Vs. (Appellant) (Revenue ) P.A. No.Aappn8302B Assessment Year:2014-15 Shri Vijay Kumar Radheshyam Ito, Dhar Nyati, Huf बनाम/ 5 Nyati House, Mandi Road Vs. Dhammod, Dist: Dhar M.P. (Appellant) (Revenue ) P.A. No.Aachv4415Q

disallowing Long Term Capital Gain on sale of shares of Rs. 35,99,598/- claimed exempt u/s 10(38) of the Act, 1961 and treating it as income from undisclosed sources. That on the facts and in the circumstances of the case, the Long Term Capital Gain of Rs. 35,99,598/- was rightly claimed as exempt

KUMARI AYUSHI NYATI,INDORE vs. ITO-5(5), INDORE

In the result appeals of the assessee(s) namely Kumari

Bench: Hon'Ble Manish Borad & Hon'Ble Madhumita Royassessment Year:2014-15 Kumari Ayushi Nyati Ito, 5(5) 10, Balaji Vihar, 1-2, Maa Durg Indore बनाम/ Nagar, Navlakha Main Road 1 To Vs. 7, Indore (Appellant) (Revenue ) P.A. No.Ajppn2679C Assessment Year:2014-15 Smt. Vijaya Nyati, Ito, Dhar 5 Nyati House, Mandi Road बनाम/ Dhammod, Dist: Dhar M.P. Vs. (Appellant) (Revenue ) P.A. No.Aappn8302B Assessment Year:2014-15 Shri Vijay Kumar Radheshyam Ito, Dhar Nyati, Huf बनाम/ 5 Nyati House, Mandi Road Vs. Dhammod, Dist: Dhar M.P. (Appellant) (Revenue ) P.A. No.Aachv4415Q

disallowing Long Term Capital Gain on sale of shares of Rs. 35,99,598/- claimed exempt u/s 10(38) of the Act, 1961 and treating it as income from undisclosed sources. That on the facts and in the circumstances of the case, the Long Term Capital Gain of Rs. 35,99,598/- was rightly claimed as exempt