THE ADDL. CIT RANGE -1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

57,527/- and the remaining part as substantive addition. 5. On careful consideration of the above rival submissions, first of all, we note that the AO invoked the provisions of section 147 of the Act and, thereafter, concluded that the losses obtained by the assessee on NMCE platform were contrived CO Nos.2 to 4/Ind/2022 losses and those losses were incurred

M/S. COMPUTER SCIENCES CORPORATION INDIA PRIVATE LIMITED,INDORE vs. THE ASST. COMMISSIONER OF INCOME TAX-2(1), INDORE

In the result, all the three appeals are partly allowed for statistical purpose and the Stay Application is also disposed of

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

disallowed under Section 14A read with Rule 8D. 4. Being aggrieved by the Assessment Order, the assessee filed appeal before us. 5. The Ld. AR submitted that the assessee company was incorporated in India on 13.09.1996. The assessee provides software development and maintenance services from STPI and SEZ registered units. The primary activities of the assessee relate to provision

M/S. COMPUTER SCIENCE CORPORATION INDIA PVT. LTD.,CHENNAI vs. DEPUTY COMMISSIONER OF INCOME TAX-CIRCLE 2(1) , INDORE

In the result, all the three appeals are partly allowed for statistical purpose and the Stay Application is also disposed of

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

disallowed under Section 14A read with Rule 8D. 4. Being aggrieved by the Assessment Order, the assessee filed appeal before us. 5. The Ld. AR submitted that the assessee company was incorporated in India on 13.09.1996. The assessee provides software development and maintenance services from STPI and SEZ registered units. The primary activities of the assessee relate to provision

M/S. COMPUTER SCIENCE CORPORATION INDIA PVT. LTD.,CHENNAI vs. THE ACIT-CIRCLE 2(1), INDORE

In the result, all the three appeals are partly allowed for statistical purpose and the Stay Application is also disposed of

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

disallowed under Section 14A read with Rule 8D. 4. Being aggrieved by the Assessment Order, the assessee filed appeal before us. 5. The Ld. AR submitted that the assessee company was incorporated in India on 13.09.1996. The assessee provides software development and maintenance services from STPI and SEZ registered units. The primary activities of the assessee relate to provision

ASHOK KUMAR JAIN,INDORE vs. DCIT - 1(1), INDORE

Appeal is allowed for statistical purpose

disallowed a deduction claimed under section 57 of the Act.", "held": "The Tribunal condoned the delay in filing the first

THE NIMAR EDUCATIONAL SOCIETY,KHANDWA vs. THE EXEMPTION CIRCLE, BHOPAL

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

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanithe Nimar Educational Society Cit(E) Harsud Road, Civil Lines Bhopal Vs. East Nimar, Khandwa (Appellant / Assessee) (Revenue) Pan: Aabtt 1409 K Assessee By Shri S.N. Agrwal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.04.2023 Date Of Pronouncement 14.06.2023

section 57(iii) of the Act. Therefore, the expenditure incurred by the assessee only for the purpose of activities are to be allowed. The Coordinate Bench of this tribunal in case of DCIT(E) Bhopal vs. Shri Vaishnav Polytechnic College (supra) has considered this issue as under: “10. We will first take up the second issue raised by the revenue

CENTRAL INDIA ACADEMY ,DEWAS vs. THE4 PCIT-1,INDORE, INDORE

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2018-19 Central India Academy, Pcit-1, 1, Bhopal Road, Indore बनाम/ Jetpura, Vs. Dewas (Assessee/Appellant) (Revenue/Respondent) Pan: Aaaac4091Q Assessee By Ms. Ruchira Negi, Adv. & Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 04.01.2024 Date Of Pronouncement 14.03.2024

section 57(iii)/30(a)(i) of the Income-tax Act, 1961 cannot be said to have resulted in passing any erroneous order. Ld. AR drew our attention to Para No. 13 and 14 of assessment-order where the AO has made substantial disallowances

ACIT-1(1), INDORE vs. KRITI NUTRIENTS LIMITED, INDORE

The appeal of the Revenue is allowed for statistical\npurposes

Section 1448 of the Act was passed on 19.12.2022\ndetermining total income at Rs.47,59,29,192/-thereby addition of\nRs.26.65 crores as under\na) By application of average gross profit rate of 7.20 percent on\nTurnover Rs. 16,77,57,242/-1\nb) Disallowance

GOPAL MUWEL,MANAWAR vs. INCOME TAX OFFICER, DHAR

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

Bench: Shri B.M. Biyani & Shri Paresh M Joshigopal Muwel, Ito बनाम/ Morad, Manawar, Dhar Vs. Dhar (Pan: Caapm6256Q) (Appellant) (Respondent) Assessee By Shri Lucky Singhal, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 27.01.2026 Date Of Pronouncement 06.02.2026 आदेश/ O R D E R

disallowance of expenditure of Rs. 57,86,200/- claimed u/s 57 of the Act, although the grounds of appeal are drafted clumsily. The appellant on his own has declared income from contract works as business income and offered profit in terms of section

SHRI VINAYAK KALANI,INDORE vs. DCIT 1(1), INDORE

Appeal is allowed in terms mentioned above

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2020-21 Shri Vinayak Kalani, Dy. Cit, 6Th Floor, 1(1), Treasure Island, Indore. बनाम/ 11, Tukoganju Main Road, Vs. Indore. (Assessee/Appellant) (Revenue/Respondent) Pan: Atgpk8379P Assessee By Shri Manjeet Sachdeva, Adv. & Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 24.07.2024 Date Of Pronouncement 07.08.2024

section 57(iii). In present case, there is no submission by assessee to prove this factum. Therefore, the assessee is required to submit clinching particulars to AO in this regard. At the same we also find that the AO has disallowed

NILESH PORWAL,INDORE vs. DCIT/ACIT, INDORE

Appeal is allowed for statistical purpose

section 57, which were disallowed by the AO under section 144. The assessee failed to provide supporting evidence initially but later

JARNALBEER SINGH BHATIA,KHANDWA vs. THE ACIT CENTRAL-3, INDORE

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniit(Ss)A Nos.19 To 23/Ind/2023 & Ita No.226/Ind/2023 Ays : 2013-14 To 2018-19 Jarnalbeer Singh Bhatia, Dcit/Acit, बनाम/ Bhatia Transport (Central)-3, Vs. Services, Indore. Old Indore Lines, Pandhana Road, Khandwa (Pan: Aixpb4565C) (Assessee/Appellant) (Revenue/Respondent)

disallowing freight expenses amounting to, Rs. 1,57,51,980/- u/s 40(a)(ia) of Income-tax Act, 1961, for non- deduction of TDS on freight expenses by assessee, ignoring that : a) The assessee was liable to deduct TDS on such expenses and has failed to do so ? b) Without prejudice to the above, additional evidence was admitted without giving

THE ACIT CENTRAL-3, INDORE vs. JARNALBEER SINGH BHATIA, KHANDWA

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniit(Ss)A Nos.19 To 23/Ind/2023 & Ita No.226/Ind/2023 Ays : 2013-14 To 2018-19 Jarnalbeer Singh Bhatia, Dcit/Acit, बनाम/ Bhatia Transport (Central)-3, Vs. Services, Indore. Old Indore Lines, Pandhana Road, Khandwa (Pan: Aixpb4565C) (Assessee/Appellant) (Revenue/Respondent)

disallowing freight expenses amounting to, Rs. 1,57,51,980/- u/s 40(a)(ia) of Income-tax Act, 1961, for non- deduction of TDS on freight expenses by assessee, ignoring that : a) The assessee was liable to deduct TDS on such expenses and has failed to do so ? b) Without prejudice to the above, additional evidence was admitted without giving

KAMAL SHADIJA,INDORE vs. ASSESSMENT UNIT, INCOME TAX EPARTMENT, DELHI

Appeal is dismissed

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year: 2020-21 Kamal Shadija Assessment Unit 156, Palsikar Colony, Income Tax Department बनाम/ Indore Vs. (Assessee/Appellant) (Revenue/Respondent) Pan:Azsps4490H Assessee By Shri S.S. Deshpande, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 19.01.2026 Date Of Pronouncement 06.02.2026

section 57, the AO made disallowance and ultimately imposed penalty also. The assessee is only contesting penalty imposed by AO, he has not filed

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

section 14A of the Act and added to the total income of the assessee.” 23. During first-appeal, the CIT(A) upheld disallowance by passing following order: “5.8 Ground No. 2 pertains to the issue of disallowance of deduction u/s 14A of the Act on account of disallowance of expenses of Rs. 57

THE ACIT 3(2), INDORE vs. M/S. SIMRAN DEVELOPERS, INDORE

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2014-15 Ito-3(2), M/S. Simran Developers Indore 402, Mark Building, बनाम/ Saket Square, Vs. Indore (Appellant / Revenue) (Respondent / Assessee) Pan: Ackfs 1946 B Revenue By Shri Ashish Porwal, Sr. Dr Assessee By None Date Of Hearing 16.03.2023 Date Of Pronouncement 18.04.2023

section 40A(3) of the I.T. Act, 1961 by making cash payment in excess of Rs. 20,000/-. (b) The Ld. CIT(A) erred in ignoring the fact that the seller Shri Jineshwar Lallulalji Jain was well known to the assessee and the seller was maintaining regular bank account. (c) The Ld. CIT(A) erred in ignoring the decision

DECENT INDUSTRIES PRIVATE LIMITED,BHOPAL vs. INCOME TAX OFFICER-1(2), BHOPAL

Appeal is partly allowed

section\n14A, worked out @0.5% of average value of investment of the appellant to the tune\nof Rs. 1,40,28,010/-, irrespective of the fact that the total expenses which has\nbeen claimed was only Rs.4,47,278/ of which assessee has already disallowed\nRs. 4,01,500/- while filing its return of Income and claimed just only

SHREERAM CONSTRUCTIONS,BHOPAL vs. COMMISSIONER OF INCOME-TAX (APPEALS), DELHI

In the result the “Impugned order” is set aside as and by

Bench: Shri B.M. Biyani & Shri Paresh M Joshishreeram Construction, Commissioner Of बनाम/ Shop No.2,New Shri Ram Income-Tax Vs. Parisar, Phase I Khajuri Kala, (Appeals) Bhopal, Bhopal (Pan:Abgfs5939P) (Appellant) (Respondent) Assessee By Shri Govind Rinwa, Ca Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 09.02.2026 Date Of Pronouncement 27.02.2026 आदेश/ O R D E R

section 253 of the income tax Act 1961,[ herein after referred to as the Act for the sake of convenience & brevity] before this tribunal as and by way of a second appeal. The Assessee is aggrieved by the order bearing Number:-ITBA/NFAC/S/250/2023- 24/1055303506(1) dated 22/08/2023 passed by the Ld. CIT(A) u/s 250 of the Act, which is herein