THE AIT,ENTRAL-1, INDORE vs. SURYA INFRAVENTURE P 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

ACIT-1(1), INDORE vs. FLEXITUFF VENTURES INTERNATIONAL LIMITED, DHAR

Appeal is dismissed

Bench: Us Assailing The Order Of First-

Section 10A of the Act for the profits earned from SEZ units and remaining profits of other units including SEZ unit were utilized for set off of current and brought forward losses. Respectfully following above judgements, it is held that disallowance of Page 5 of 6 Flexituff Ventures International Ltd. ITA No. 195/Ind/2024 – AY 2013-14 exemption

DECORE THERMAL POWER PRIVATE LIMITED,BHOPAL vs. DY COMMISSIONER OF INCOME TAX 1(1), BHOPAL

In the resulting company at their respective values as appearing in the books of account of the demerged company at the closure of the business of the day immediate preceding the appointed date i

Bench: Shri B.M. Biyani & Shri Udayan Das Guptaassessment Year:2017-18 Decore Thermal Power Pvt. Ltd. Dcit 1(1) Office Block 1A, 5Th Floor, Db City Bhopal Corporate बनाम/ Park, Arera Hills Opp Vs. Mp Nagar (Assessee/Appellant) (Revenue/Respondent) Pan: Aafcd3868H Assessee By Shri Navin Gupta & Ms. Shilpa Gupta Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 23.01.2025 Date Of Pronouncement 31.01.2025

disallowing the demerger expenses under section 14A, 2. The addition of Rs 8,98,393/-may please be deleted. Page 1 of 9 Decore Thermal Power Pvt. Ltd. ITA No. 421/Ind/2024 – AY 2017-18, 3. The assessee craves to amend, add, alter or delete any of the ground of appeal on or before the date appeal is finally heard

M/S SURJEET AUTO AGENCY ,BHOPAL vs. PR CIT-2, BHOPAL

Bench: Shri Manish Borad & Mis Madhumita Royassessment Year:2015-16 M/S Surjeet Auto Agency, Pr. Cit-2, 4-5, Lajpat Nagar, Raisen Bhopal बनाम/ Road, Apsara Cinema, Vs. Bhopal (Appellant) (Respondent ) P.A. No. Aatfs 4110J Appellant By S/Shri Sumit Nema, Sr. Adv. & Gagan Tiwari, Piush Parasar Advs. Revenue By Shri S.B. Prasad, Cit-Dr Date Of Hearing: 13.04.2021 Date Of Pronouncement: 25.05.2021 आदेश / O R D E R Per Manish Borad, A.M: By Way Of This Appeal, The Appellant Has Challenged The Assumption Of Jurisdiction U/S 263 Of The Income Tax Act 1961( Hereinafter Referred To As ‘The Act’ For Short) By Ld. Pr. Cit-2 Bhopal Vide Order Dated 04.02.2020.The Assessee Has Raised Following Grounds Of Appeal:-

disallowance of donation expenses of Rs.64,391/- and other expenses at Rs.3,00,000/-, thereby assessing income at Rs.62,50,011/-. 3. Subsequently, Ld. Pr. CIT, Bhopal invoked the provisions of section

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

disallowance of development expenditure by AO was for it’s being contingent in nature. But the CIT (A) has failed to adjudicate and decide whether the AO was correct in his conclusion. Para 3.13:- The CIT (A), has stated that none of the customers has admitted of having paid any amount over and above what was recorded in the books

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

disallowance of development expenditure by AO was for it’s being contingent in nature. But the CIT (A) has failed to adjudicate and decide whether the AO was correct in his conclusion. Para 3.13:- The CIT (A), has stated that none of the customers has admitted of having paid any amount over and above what was recorded in the books

M/S. BHATIA GLOBAL TRADING LTD.,INDORE vs. THE DCIT 1(1), INDORE

In the result, appeal of assessee is partly allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanibhatia Global Trading Ltd. Dcit 1(1) Through Official Liquidator Indore Old Cia Building, 1St Floor Vs. Opp. G.P.O. Residency Area, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaacb6751 C Assessee By None Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 10.05.2023 Date Of Pronouncement 26 .07.2023

disallowance under Section 14A of the Act can be made if the assessee had not earned any exempt income), as the revenue has not been accepted the said decision and has preferred an SLP against the said decision. 4. Learned counsel for the petitioner also submits that in view of the amendment made by the Finance Act, 2022 to Section

THE ACIT 1(1), UJJAIN vs. M/S PARAG FANS & COOLING SYSTEMS LTD., DEWAS

In the result appeals of the Revenue in ITA Nos

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

391(SC)(supra) find that the Hon’ble court has also made following observation:- “ When bad debts occurs, the bad debt amount is debited and the customer’s account is credited. In the case of companies, the provision is deducted from sundry debtors” 15. In the above observation of the Hon’ble Apex Court two important words are customers

THE ACIT 1(1), UJJAIN vs. M/S PARAG FANS & COOLING SYSTEMS LTD., DEWAS

In the result appeals of the Revenue in ITA Nos

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

391(SC)(supra) find that the Hon’ble court has also made following observation:- “ When bad debts occurs, the bad debt amount is debited and the customer’s account is credited. In the case of companies, the provision is deducted from sundry debtors” 15. In the above observation of the Hon’ble Apex Court two important words are customers

ACIT (CENTRAL UJJAIN, UJJAIN vs. M/S ARIHANT FUTURE AND COMMODITIES LTD, INDORE

Bench: Shri Mahavir Prasad, Judicialmember & Shri Manish Boradvirtual Hearing &

391 dated 09.02.2010, subsequent to which the Honourable CBDT also issued instructions vide circular no. 12/2016 dated 30.05.2016 further explaining the legislative intent behind the amendment made in section 36(1)(vii) to avoid unintended disputes over such claims. The only other requirement prescribed by section 36(2)(i) is that such debt or part thereof has been taken into

THE ACIT ,CENTRAL-UJJAIN, INDORE vs. M/S ARIHANT CAPITALS MARKETS LTD , INDORE

Bench: Shri Mahavir Prasad, Judicialmember & Shri Manish Boradvirtual Hearing &

391 dated 09.02.2010, subsequent to which the Honourable CBDT also issued instructions vide circular no. 12/2016 dated 30.05.2016 further explaining the legislative intent behind the amendment made in section 36(1)(vii) to avoid unintended disputes over such claims. The only other requirement prescribed by section 36(2)(i) is that such debt or part thereof has been taken into

THE ACIT, CENTRAL - UJJAIN, INDORE vs. M/S ARIHANT FUTURE & COMMADITIES LTD , INDORE

Bench: Shri Mahavir Prasad, Judicialmember & Shri Manish Boradvirtual Hearing &

391 dated 09.02.2010, subsequent to which the Honourable CBDT also issued instructions vide circular no. 12/2016 dated 30.05.2016 further explaining the legislative intent behind the amendment made in section 36(1)(vii) to avoid unintended disputes over such claims. The only other requirement prescribed by section 36(2)(i) is that such debt or part thereof has been taken into

M/S. FLEXITUFF INTERNATIONAL LTD.,DHAR vs. THE PR.CIT-1, INDORE

In the result appeal of the assessee is partly allowed

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2012-13 M/S. Flexituff International Pr. Commissioner Of Ltd, Vs. Income Tax-1, C-41-50, Sez, Sector-3, Indore Pithampur, Dist. Dhar (Appellant) (Respondent ) Pan Aaacn5986H Revenue By Smt. Ashima Gupta, Cit Assessee By Shri Manjit Sachdeva & Avinash Gaur, Advocates Date Of Hearing 26.03.2019 Date Of Pronouncement 14.05.2019 O R D E R

disallowance of Rs.15,82,154/- made under the head interest paid on income tax which was debited by the assessee in P&L A/c as finance cost. In view of section 115JB of Income Tax Act, the interest on Flexituff International Ltd income tax should be added back in the book profit for calculation of MAT u/s 115JB. Hence

SMT. SHWETA AGRAWAL,INDORE vs. THE PR. CIT-2, INDORE

In the result, appeal filed by the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year:2014-15

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) Therefore, in view of the above discussions, I am of the considered opinion that the order dated 27.12.2016 for A.V. 2014-15 is erroneous in so far as it is also prejudicial

ASST. COMMISSIONER OF INCOME TAX (CENTRAL)-I, BHOPAL , BHOPAL vs. SOM DISTILLERIES PRIVATE LIMITED, BHOPAL

Appeal is partly allowed for statistical

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

Section 145 are applicable. The books of accounts are also not been rejected, hence the adhoc disallowance are wholly unlawful and unjustified. The assessee submits that the disallowance is neither justified nor lawful. From the perusal of the chart, the increase in mainly on account Page 32 of 54 Som Distilleries Private Limited I.T.A. Nos. 272 & 289/Ind/2023

SOM DISTILLERIES PVT. LTD.,BHOPAL vs. ITO-1(3), BHOPAL

Appeal is partly allowed for statistical

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

Section 145 are applicable. The books of accounts are also not been rejected, hence the adhoc disallowance are wholly unlawful and unjustified. The assessee submits that the disallowance is neither justified nor lawful. From the perusal of the chart, the increase in mainly on account Page 32 of 54 Som Distilleries Private Limited I.T.A. Nos. 272 & 289/Ind/2023

ASHISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

disallowance of claim of long term capital gain on sale of listed shares amounting to Rs. 77,57,559/- is the issue before us. The said claim of the assessee has been rejected by both the parties below and hence the appeal before us. 3. We have heard the rival submissions made by the respective parties and we have also

MANISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

disallowance of claim of long term capital gain on sale of listed shares amounting to Rs. 77,57,559/- is the issue before us. The said claim of the assessee has been rejected by both the parties below and hence the appeal before us. 3. We have heard the rival submissions made by the respective parties and we have also