THE DCIT-3(1), INDORE vs. M/S. M.P. ENTERTAINMENT & DEVELOPERS PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

13 – Court in the matter of Shambhu Investment Pvt. Ltd. vs. CIT, reported in (2003) 263 ITR 143 (SC), wherein the income derived from the property which is not exploited as business asset has been held to be the ‘income from property’ and not ‘income from business’. He further relied upon the judgment passed in the matter of Karnani Properties

THE DCIT-3(1), INDORE vs. M/S. M.P. ENTERTAINMENT & DEVELOPERS PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

13 – Court in the matter of Shambhu Investment Pvt. Ltd. vs. CIT, reported in (2003) 263 ITR 143 (SC), wherein the income derived from the property which is not exploited as business asset has been held to be the ‘income from property’ and not ‘income from business’. He further relied upon the judgment passed in the matter of Karnani Properties

M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. PR. CIT (CENTRAL), BHOPAL

In the result, appeal of the assessee in ITANo

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing

8. That your goodself has, in your notice dated 13/11/2015, alleged that the assessee has received a donation of Rsl,00,00,000/- from M/s Herbicure Health Care Bio Herbal Research Foundation in the A/Y 2011-12 by paying an amount of Rs.1,00,00,000/- in cash to M/s Herbicure Health Care Bio Shri Jairam Education Society ITA No.90

M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. ACIT CENTRAL-II, BHOPAL

In the result, appeal of the assessee in ITANo

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing

8. That your goodself has, in your notice dated 13/11/2015, alleged that the assessee has received a donation of Rsl,00,00,000/- from M/s Herbicure Health Care Bio Herbal Research Foundation in the A/Y 2011-12 by paying an amount of Rs.1,00,00,000/- in cash to M/s Herbicure Health Care Bio Shri Jairam Education Society ITA No.90

M/S. SHEETU EDUCATIONAL SERVICES P LTD.,INDORE vs. THE DCIT 5(1) RANGE-5, INDORE

In the result, all the appeals of the assessee for assessment year 2005-06 to 2010-11 are partly allowed as per our

Bench: Shri D.T. Garasia & Shri O.P. Meena

13. Ground no. 3 for assessment year 2005-06, 2006-07 and Ground no.2 for assessment year 2007-08 and ground no. 3 M/s.Sheetu Educational Services P.Ltd. I.T.A.Nos. 24 to 26/Ind2015 and 352 to 354/Ind/2016 Page 29 of 66 for assessment year 2008-09 to 2010-11 relate to not allowing deduction of interest out of notional income from house

M/S SHEETU EDUCATIONAL SERVICE PVT LTD.,INDORE vs. THE DCIT 5(1), INDORE

In the result, all the appeals of the assessee for assessment year 2005-06 to 2010-11 are partly allowed as per our

Bench: Shri D.T. Garasia & Shri O.P. Meena

13. Ground no. 3 for assessment year 2005-06, 2006-07 and Ground no.2 for assessment year 2007-08 and ground no. 3 M/s.Sheetu Educational Services P.Ltd. I.T.A.Nos. 24 to 26/Ind2015 and 352 to 354/Ind/2016 Page 29 of 66 for assessment year 2008-09 to 2010-11 relate to not allowing deduction of interest out of notional income from house

M/S. SHEETU EDUCATIONAL SERVICES P. LTD.,INDORE vs. THE DCIT 5(1), INDORE

In the result, all the appeals of the assessee for assessment year 2005-06 to 2010-11 are partly allowed as per our

Bench: Shri D.T. Garasia & Shri O.P. Meena

13. Ground no. 3 for assessment year 2005-06, 2006-07 and Ground no.2 for assessment year 2007-08 and ground no. 3 M/s.Sheetu Educational Services P.Ltd. I.T.A.Nos. 24 to 26/Ind2015 and 352 to 354/Ind/2016 Page 29 of 66 for assessment year 2008-09 to 2010-11 relate to not allowing deduction of interest out of notional income from house

M/S. SHEETU EDUCATIONAL SERVICES P. LTD.,INDORE vs. THE DCIT 5(1), INDORE

In the result, all the appeals of the assessee for assessment year 2005-06 to 2010-11 are partly allowed as per our

Bench: Shri D.T. Garasia & Shri O.P. Meena

13. Ground no. 3 for assessment year 2005-06, 2006-07 and Ground no.2 for assessment year 2007-08 and ground no. 3 M/s.Sheetu Educational Services P.Ltd. I.T.A.Nos. 24 to 26/Ind2015 and 352 to 354/Ind/2016 Page 29 of 66 for assessment year 2008-09 to 2010-11 relate to not allowing deduction of interest out of notional income from house

M/S SHEETU EDUCATIONAL SERVICE PVT LTD.,INDORE vs. THE DCIT 5(1), INDORE

In the result, all the appeals of the assessee for assessment year 2005-06 to 2010-11 are partly allowed as per our

Bench: Shri D.T. Garasia & Shri O.P. Meena

13. Ground no. 3 for assessment year 2005-06, 2006-07 and Ground no.2 for assessment year 2007-08 and ground no. 3 M/s.Sheetu Educational Services P.Ltd. I.T.A.Nos. 24 to 26/Ind2015 and 352 to 354/Ind/2016 Page 29 of 66 for assessment year 2008-09 to 2010-11 relate to not allowing deduction of interest out of notional income from house

FAIZAN E BURHANE MILLAT TRUST,JABALPUR vs. THE CIT EXEMPTION, BHOPAL

In the result, appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanifaizan E Burhane Millat Cit(Exemption) Trust Bhopal 181/1, Baitla Colony Vfj Society, Ward Shaheed, Abdul Vs. Hameed, Raza Chowk Milk, Scheme Road, Jabalpur (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaatf8671J Assessee By Shri Ashish Goyal & Nd Patwa, Ars Revenue By Shri Ashish Porwal, Sr. -Dr Date Of Hearing 13.02.2024 Date Of Pronouncement 20.03.2024

section 13(1)(b) would be attracted in the case of the assessee. Further, CIT(E) has observed that the objects of the assessee confined to benefit to only Muslim community and therefore, it would be covered by restriction u/s 13(1)(b) of the Act even though it functions for public benefit. At the outset we noted that

M.P.MADHYAM,BHOPAL vs. THE ACIT EXEMPTION, BHOPAL

In the result, appeals of assessee for A

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

13(8) of the Act. The findings of the CIT(A) /A.O. be quashed and it be held that the said provisions are not applicable. 3.That on the facts and in the circumstances of the case and in law, the learned A.O. erred and not justified in his findings that the operating receipts and the other receipts aggregating

M.P.MADHYAM,BHOPAL vs. THE ACIT EXEMPTION, BHOPAL

In the result, appeals of assessee for A

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

13(8) of the Act. The findings of the CIT(A) /A.O. be quashed and it be held that the said provisions are not applicable. 3.That on the facts and in the circumstances of the case and in law, the learned A.O. erred and not justified in his findings that the operating receipts and the other receipts aggregating

M.P.MADHYAM,BHOPAL vs. THE DCIT EXEMPTION, BHOPAL

In the result, appeals of assessee for A

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

13(8) of the Act. The findings of the CIT(A) /A.O. be quashed and it be held that the said provisions are not applicable. 3.That on the facts and in the circumstances of the case and in law, the learned A.O. erred and not justified in his findings that the operating receipts and the other receipts aggregating

M/S M.P. MADHYAM,BHOPAL vs. THE ACIT EXEMPTION, BHOPAL

In the result, appeals of assessee for A

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

13(8) of the Act. The findings of the CIT(A) /A.O. be quashed and it be held that the said provisions are not applicable. 3.That on the facts and in the circumstances of the case and in law, the learned A.O. erred and not justified in his findings that the operating receipts and the other receipts aggregating

MAHENDRA SINGH CHAWLA,INDORE vs. DCIT CIRCLE-1(1), INDORE

In the result, the appeal of the assessee is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanimahendra Singh Chawla Dcit Circle -1(1) 4/35 Gram Pigdamber A.B. Indore Road Near Rao Vs. Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aazpc0120C Assessee By None Shri Ashish Porwal, Sr. Dr Revenue By Date Of Hearing 02.09.2024 Date Of Pronouncement 04 .09.2024

8 of 21 ITANo.245/Ind/2024 Mahendra Singh Chawla 53A. Part performance. Where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from whichthe terms necessary to constitute the transfer can be ascertained with reasonable certainty, and the transferee has, in part performance of the contract, taken possession of the property

SHRI PRAMOD KUMAR SETHI,INDORE vs. THE ACIT 3(1), INDORE

In the result appeal filed by the revenue being I

Bench: Shri Kul Bharat & Shri Manish Borad

8. In the event the revenue still had a doubt with regard to genuineness of transaction or as regards to creditworthiness of creditors, it would have to discharge the onus which has shifted on it. If revenue has any doubts with regard to creditworthiness of depositors, the revenue could always bring it to tax in the hands of 12 Pramod

THE ACIT, 3(1), INDORE vs. SHRI PRAMOD KUMAR SETHI, INDORE

In the result appeal filed by the revenue being I

Bench: Shri Kul Bharat & Shri Manish Borad

8. In the event the revenue still had a doubt with regard to genuineness of transaction or as regards to creditworthiness of creditors, it would have to discharge the onus which has shifted on it. If revenue has any doubts with regard to creditworthiness of depositors, the revenue could always bring it to tax in the hands of 12 Pramod

THE ACIT, 3(1), INDORE vs. SHRI PRAMOD KUMAR SETHI, INDORE

In the result appeal filed by the revenue being I

Bench: Shri Kul Bharat & Shri Manish Borad

8. In the event the revenue still had a doubt with regard to genuineness of transaction or as regards to creditworthiness of creditors, it would have to discharge the onus which has shifted on it. If revenue has any doubts with regard to creditworthiness of depositors, the revenue could always bring it to tax in the hands of 12 Pramod