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

95,133/- made under Section 14A of the Income Tax Act, 1961 (’the Act’) read with Rule 8D of Income Tax Rules, 1962 (’the Rules’) 2. That on the facts and circumstances of the case and in law, satisfaction recorded under section 14A(2) of the Act was improper and otherwise bad in law and as such, no disallowance

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

THE ACIT, CENTRAL-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

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

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

disallowance of Rs.25,95,609/-made by the Ld. A.O applying provisions of section u/s 40a(ia) of the Act. Brief

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

disallowance of Rs.25,95,609/-made by the Ld. A.O applying provisions of section u/s 40a(ia) of the Act. Brief

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)

disallowance u/s 40(a)(ia) is attracted ? Page 10 of 83 Jarnalbeer Singh Bhatia IT(SS)A Nos. 19 to 27/Ind/2023 & ITA No. 226 & 228/Ind/2023- AY 2013-14 to 2018-19 ITA No. 228/Ind/2023 – A.Y. 2018-19: 1. Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) was justified in accepting

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)

disallowance u/s 40(a)(ia) is attracted ? Page 10 of 83 Jarnalbeer Singh Bhatia IT(SS)A Nos. 19 to 27/Ind/2023 & ITA No. 226 & 228/Ind/2023- AY 2013-14 to 2018-19 ITA No. 228/Ind/2023 – A.Y. 2018-19: 1. Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) was justified in accepting

BHARAT SHAH,INDORE vs. THE ITO3(4), INDORE

In the result, Assessee’s appeal ITANo

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year: 2013-14

disallowance of Section 54F exemption 1. Absence of registration deed should not affect exemption under Section 54F •The benefit to be availed under Section 54F stipulates the purchase or construction of a new house property. It is immaterial if such purchase has been evidenced by a registered deed or not. Merely on account of absence of registered sale deed

M/S. SANWARIA AGROILS LIMITED,BHOPAL vs. THE ACIT 1(1), BHOPAL

In the result, the appeal of the assessee is partly allowed

Bench: Shri Chandra Mohan Garg & Shri O.P.Meena

disallowance of claim of additional depreciation under section 32 (1) (iia) of the Act of Rs.1, 20, 20, 000/-. 4.That the Ld. CIT (A) erred in maintaining Levy of interest under section 234B without VAT invoice special provisions of section 234B applicable in the facts of the case. 2. Ground No. 1 and 2 of appeal relates challenging the initiation

THE DCIT, 1(1), INDORE vs. M/S. MODERN LABORATORIES, INDORE

In the result, the CO of the assessee is partly allowed

Bench: Shri C.M.Garg & Shri O.P.Meenaआ.अ.सं./ ./ ./ I.T.A. No.277 & Co.16/Ind/2014 ./ "नधा"रण वष" /Assessment Year:2008-09

disallowance of amount of interest of Rs. 49,585 under section 36(1)(iii) or in the alternative the AO may be directed to allow in subsequent years. 27. Facts apropos of this ground are that the assessee has raised loans during the year for capital work in progress of building construction of Rs. 4,95

MAKSON HEALTH CARE P LTD,MANDIDEEP vs. THE DCIT/ACCIT-1(1), BHOPAL

In the result, both appeals filed by the assesse in ITANo

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

disallowing proportionate interest under section 36(1)(i) amounting to Rs. 98,95,148/-. Page 2 of 9 ITA No.34

MAKSON HEALH CARE P LTD,MANDIDEEP vs. THE DCIT/ACIT1(1), BHOPAL

In the result, both appeals filed by the assesse in ITANo

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

disallowing proportionate interest under section 36(1)(i) amounting to Rs. 98,95,148/-. Page 2 of 9 ITA No.34

THEACIT CENTRAL-2, INDORE, INDORE vs. M/S KETI CONSTRUCTION LTD., INDORE

In the result, appeal of revenue is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniacit(Central)-2 M/S Keti Construction Ltd Indore Vastalya Chamebers, Sapna Sangeeta, 31/6, Sneh Nagar Vs. Main Road, Indore

section 40a(ia) whereas the AO has made an adhoc disallowance by considering the total expenditure debited in the profit and loss account without considering fact that the assessee has already made suo-moto disallowance about 50% of the expenses u/s 40a(ia). He has relied upon the impugned order of the Ld. CIT(A). 5. We have considered

COMPUTER SCIENCES CORPORATION INDIA PRIVATE LIMITED,CHENNAI vs. ACIT, CHENNAI

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2007-08 Computer Sciences Acit, Corporation India Private Company Circle 1(3), Limited, Chennai [Formerly Covansys (India) Private Limited], बनाम/ Unit 13, Block 2, Sdf Buildings, Vs. Madras Export Processing Zone, Tambaram, Chennai (Assessee / Appellant) (Revenue / Respondent) Pan: Aaacc1351M Assessee By Shri Neeraj Jain, Adv. Shri Abhishek Agrawal, Ca Revenue By Shri P.K. Mishra, Cit Dr Date Of Hearing 12.07.2023 Date Of Pronouncement

disallowing expenditure towards earning of such income, under section 14A, whereas, no expenditure was in fact incurred by the assessee towards earning such income. 25. The ld. AO has erred in computing interest u/s 234B of the Act on the assessed income since the addition to the returned income on account of Transfer Pricing adjustment is only a notional income

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE - 5(1), BHOPAL , BHOPAL MADHYA PRADESH vs. MAPAEX REMEDIES PVT LTD, BHOPAL MADHYA PRADESH

Appeals are dismissed

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

95,669/- claimed by assessee were also disallowed. Aggrieved, the assessee filed first-appeal to CIT(A) but the CIT(A) dismissed appeal for non- prosecution. The assessee challenged CIT(A)’s order before ITAT, Indore in ITA No. 18/Ind/2023 whereupon the ITAT, vide order dated 26.09.2023, remanded matter to CIT(A) for a fresh adjudication on merit. In pursuance

MS MAPAEX REMEDIES PVT LTD,BHOPAL vs. ACIT 2 (1) BHOPAL, BHOPAL MADHYA PRADESH

Appeals are dismissed

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

95,669/- claimed by assessee were also disallowed. Aggrieved, the assessee filed first-appeal to CIT(A) but the CIT(A) dismissed appeal for non- prosecution. The assessee challenged CIT(A)’s order before ITAT, Indore in ITA No. 18/Ind/2023 whereupon the ITAT, vide order dated 26.09.2023, remanded matter to CIT(A) for a fresh adjudication on merit. In pursuance

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 5 1, BHOPAL , BHOPAL MADHYA PRADESH vs. MAPAEX REMEDIES PVT LTD, BHOPAL MADHYA PRADESH

Appeals are dismissed

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

95,669/- claimed by assessee were also disallowed. Aggrieved, the assessee filed first-appeal to CIT(A) but the CIT(A) dismissed appeal for non- prosecution. The assessee challenged CIT(A)’s order before ITAT, Indore in ITA No. 18/Ind/2023 whereupon the ITAT, vide order dated 26.09.2023, remanded matter to CIT(A) for a fresh adjudication on merit. In pursuance