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

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. 1,52,32,690/- 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. 1,52,32,690/- 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

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.

690/- by making disallowance of claim of ₹ 5,23,920/- in respect of employee’s contribution towards provident fund and ₹ 35,188/- in respect of ESIC, and the total disallowance was ₹ 5,59,108/-. In passing the order, the AO did not allow the claim under section

CHEMS DEAL INC P LTD. ,INDORE vs. THE CIT-1, INDORE

In the result, the appeal of the assesse is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Chems Deal Inc Pvt. Ltd. Pr. Cit-1 3Rd Floor Tulsi 622 Creater Indore Vs. Brajeshwari Colony Pipliahana Indore (Appellant / Assessee) (Revenue) Pan: Aadcc 6578 R Assessee By Shri Manjeet Sachdeva & Avinash Gaur, Ars Revenue By Ms. Simran Bhullar, Cit-Dr Date Of Hearing 21.11.2023 Date Of Pronouncement 30.11.2023

section 40(a)(i) no disallowance can be made for want of deduction of tax at source. Thus, ld. AR has submitted that the AO has conducted a proper inquiry and after considering the reply of the assessee as well as relevant record the AO was satisfied that the said payment is not liable to be disallowed

JCIT(OSD),-2(1),INDORE, INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

690 shares after split and issuance of bonus share for a consideration of Rs.3,67,49,555/-which was claimed as LTCG. On the basis of record and some calculation, the ld.AO doubted this claim of the assessee as share of Re.1/- was sold at an average price of Rs.26.50 per share i.e. an appreciation at 2650% over the short

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

690 shares after split and issuance of bonus share for a consideration of Rs.3,67,49,555/-which was claimed as LTCG. On the basis of record and some calculation, the ld.AO doubted this claim of the assessee as share of Re.1/- was sold at an average price of Rs.26.50 per share i.e. an appreciation at 2650% over the short

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

690 shares after split and issuance of bonus share for a consideration of Rs.3,67,49,555/-which was claimed as LTCG. On the basis of record and some calculation, the ld.AO doubted this claim of the assessee as share of Re.1/- was sold at an average price of Rs.26.50 per share i.e. an appreciation at 2650% over the short

ASSISTANT COMMISSIONER OF INCOME TAX, RATLAM vs. SHRI SURESH CHAND JAIN, MEGHNAGAR DIST. JHABUA

In the result, the appeal filed by the revenue for A

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani & Acit 5(1) Shri Suresh Chand Jain Indore 99, Thandla Road, Vs. Meghnagar,Jhabua (Appellant / Revenue) (Respondent/ Assessee) Pan:Aezpj 2697F Revenue By Shri P.K. Mishra, Cit-Dr Respondent By None Date Of Hearing 09.08.2023 Date Of Pronouncement 12 .09.2023

690/- on which the assesse has not deducted tax at source and therefore, the same was disallowed u/s 40a(ia) of the Act. He has relied upon the order of the AO. 8. We have considered the submission of ld. DR and carefully perused the orders of the authorities below. Ld. AO has made the disallowance of the entire repair

ASSISTANT COMMISSIONER OF INCOME TAX, RATLAM, RATLAM vs. SHRI SURESH CHAND JAIN, JHABUA

In the result, the appeal filed by the revenue for A

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani & Acit 5(1) Shri Suresh Chand Jain Indore 99, Thandla Road, Vs. Meghnagar,Jhabua (Appellant / Revenue) (Respondent/ Assessee) Pan:Aezpj 2697F Revenue By Shri P.K. Mishra, Cit-Dr Respondent By None Date Of Hearing 09.08.2023 Date Of Pronouncement 12 .09.2023

690/- on which the assesse has not deducted tax at source and therefore, the same was disallowed u/s 40a(ia) of the Act. He has relied upon the order of the AO. 8. We have considered the submission of ld. DR and carefully perused the orders of the authorities below. Ld. AO has made the disallowance of the entire repair

ACIT (CENTRAL)-1, BHOPAL, BHOPAL vs. SOM DISTILLERIES AND BREWERIES LTD., 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)

section 250(2)(b) of the Act and in response to his notice, the AO failed to submit any report. Further, in absence of any specific request from the AO, the CIT(A) presumed that the AO did not want to attend the hearings. Thus, when the case involved hefty additions and the AO considered his additions on sound footing

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)

section 250(2)(b) of the Act and in response to his notice, the AO failed to submit any report. Further, in absence of any specific request from the AO, the CIT(A) presumed that the AO did not want to attend the hearings. Thus, when the case involved hefty additions and the AO considered his additions on sound footing

THE ACIT, CIRCLE 2(1), INDORE vs. DR. SHRI RAJEEV CHAUDHARY, INDORE

In the result, the appeal of the revenue is allowed and cross objection of the assessee is partly allowed

Bench: Hon'Ble I Kul Bharat & Hon'Ble Manish Boradassessment Year 2008-09 Pan : Abkpc5729K Assistant Commissioner Of V/S Dr.Rajeev Choudhary Income Tax, 1, Shiv Vilas Palace Circle-2(1), Indore Indore

section 143(3) of IT, Act, 1961 at Rs.3,17,71,700/- 5. Aggrieved assessee preferred an appeal before the ld. CIT(A) and partly succeeded as Ld. CIT(A) confirmed the disallowance u/s 14A of the Act at Rs.2,15,542/- and allowed the assessee’s claim of profit from purchase and sale of equity shares held for less

THE ACIT-2(1), UJJAIN vs. M/S. TURQUISE INVESTMENT & FINANCE PVT.LTD., NAGDA

In the result, against total disallowance of Rs

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

section 14A of the Act reference is given to the method provided in Rule 8D of the IT Rules which has following three limbs: (i) the amount of expenditure directly relating to income which does not form part of total income; (ii) Computing of disallowance of interest expenditure incurred during the year which is not directly attributable to any particular

ACIT (CENTRAL) , UJJAIN vs. M/S. ARIBA FOODS (P) LTD., INDORE

Bench: Justice P.P. Bhatt, Hon'Ble & Hon'Ble Manish Boradvirtual Hearing Assessment Year: 2016-17 M/S. Ariba Foods Pvt. Acit (Central), Vs. Ltd, 101, Gold Star Building, Ujjain Opp. Treasure Island, 5767 M.G. Road, Indore (Revenue ) (Appellant) Pan No.Aalca7223M Assessment Year: 2015-16 M/S. Vyanktesh Plastics Acit (Central), Vs. & Packaging Pvt. Ltd, 75/7-B, Industrial Area, Ujjain Maxi Road, Ujjain (Revenue ) (Appellant) Pan No.Aaacv6547J Assessment Year: 2011-12

disallowance of Pre Operative Expenses is not before us. Ariba Foods Pvt. Ltd & Ors. 7. Aggrieved assessee preferred appeal before CIT(A) and filed detailed submissions along with necessary evidences to prove the identity, genuineness and creditworthiness of the three cash creditors M/s DFL, M/s FVPL and M/s NVPL. Ld. CIT(A) after examining the facts narrated

THE ACIT (CENTRAL), UJJAIN vs. M/S. VYANKTESH PLASTICS & PACKAGING (P) LTD., UJJAIN

Bench: Justice P.P. Bhatt, Hon'Ble & Hon'Ble Manish Boradvirtual Hearing Assessment Year: 2016-17 M/S. Ariba Foods Pvt. Acit (Central), Vs. Ltd, 101, Gold Star Building, Ujjain Opp. Treasure Island, 5767 M.G. Road, Indore (Revenue ) (Appellant) Pan No.Aalca7223M Assessment Year: 2015-16 M/S. Vyanktesh Plastics Acit (Central), Vs. & Packaging Pvt. Ltd, 75/7-B, Industrial Area, Ujjain Maxi Road, Ujjain (Revenue ) (Appellant) Pan No.Aaacv6547J Assessment Year: 2011-12

disallowance of Pre Operative Expenses is not before us. Ariba Foods Pvt. Ltd & Ors. 7. Aggrieved assessee preferred appeal before CIT(A) and filed detailed submissions along with necessary evidences to prove the identity, genuineness and creditworthiness of the three cash creditors M/s DFL, M/s FVPL and M/s NVPL. Ld. CIT(A) after examining the facts narrated

THE ACIT (CENTRAL), UJJAIN vs. M/S. FAMOUS VANIJYA (P) LTD. , UJJAIN

Bench: Justice P.P. Bhatt, Hon'Ble & Hon'Ble Manish Boradvirtual Hearing Assessment Year: 2016-17 M/S. Ariba Foods Pvt. Acit (Central), Vs. Ltd, 101, Gold Star Building, Ujjain Opp. Treasure Island, 5767 M.G. Road, Indore (Revenue ) (Appellant) Pan No.Aalca7223M Assessment Year: 2015-16 M/S. Vyanktesh Plastics Acit (Central), Vs. & Packaging Pvt. Ltd, 75/7-B, Industrial Area, Ujjain Maxi Road, Ujjain (Revenue ) (Appellant) Pan No.Aaacv6547J Assessment Year: 2011-12

disallowance of Pre Operative Expenses is not before us. Ariba Foods Pvt. Ltd & Ors. 7. Aggrieved assessee preferred appeal before CIT(A) and filed detailed submissions along with necessary evidences to prove the identity, genuineness and creditworthiness of the three cash creditors M/s DFL, M/s FVPL and M/s NVPL. Ld. CIT(A) after examining the facts narrated

SHAHANSHAH DAL MILL,BHOPAL vs. ITO-5(3), BHOPAL, BHOPAL

Appeal is dismissed

690/-. The case of assessee was selected for\nlimited scrutiny to examine the payments made to related persons u/s\n40A(2)(b) and claim of high interest expenditure. The AO issued\nnotices u/s 143(2)/142(1) which were complied by assessee. During\nassessment-proceeding, the AO found that the assessee-firm came\ninto existence w.e.f. 15.06.2014. Originally, a proprietorship