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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

section 28 of the Act and cannot be treated as income from house property. 4.4 The Hon'ble Supreme Court in the case of Karnani Properties Ltd, vs. CIT (1971) 82 ITR 0547 (SC) has held that income derived by an assessee, the owner of flats and shops, from services rendered in an organized and systematic manner, with the help

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

section 28 of the Act and cannot be treated as income from house property. 4.4 The Hon'ble Supreme Court in the case of Karnani Properties Ltd, vs. CIT (1971) 82 ITR 0547 (SC) has held that income derived by an assessee, the owner of flats and shops, from services rendered in an organized and systematic manner, with the help

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

House property” on notional basis. The assessee company is running coaching classes in its building and the said building constructed on its leasehold plot was also used by Jasleen Educational Service Society for running of school in the name of Auckland Academy. That in the year under consideration coaching income was very less but in last three to four years

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

House property” on notional basis. The assessee company is running coaching classes in its building and the said building constructed on its leasehold plot was also used by Jasleen Educational Service Society for running of school in the name of Auckland Academy. That in the year under consideration coaching income was very less but in last three to four years

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

House property” on notional basis. The assessee company is running coaching classes in its building and the said building constructed on its leasehold plot was also used by Jasleen Educational Service Society for running of school in the name of Auckland Academy. That in the year under consideration coaching income was very less but in last three to four years

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

House property” on notional basis. The assessee company is running coaching classes in its building and the said building constructed on its leasehold plot was also used by Jasleen Educational Service Society for running of school in the name of Auckland Academy. That in the year under consideration coaching income was very less but in last three to four years

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

House property” on notional basis. The assessee company is running coaching classes in its building and the said building constructed on its leasehold plot was also used by Jasleen Educational Service Society for running of school in the name of Auckland Academy. That in the year under consideration coaching income was very less but in last three to four years

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

16 of 21 ITANo.245/Ind/2024 Mahendra Singh Chawla the claim of the assesse is not genuine. He has relied upon orders of the authorities below. 5. We have perused the submissions of the assesse as raised before the CIT(A) wherein the assesse has claimed that as per the provisions of section 2(47)(v) r.w. section 53A of the Transfer

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

Section 143(3) for making addition, where no incriminating material relating to assessment years in question were found and seized from the premises of the assessee. Pramod Kumar Sethi I.T.A. No. 382 & 383/Ind/14 16. Examining the fact of instant appeal for Assessment Year 2006-07 and 2007-08 in the light of the above judgment of the Co-ordinate Bench

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

Section 143(3) for making addition, where no incriminating material relating to assessment years in question were found and seized from the premises of the assessee. Pramod Kumar Sethi I.T.A. No. 382 & 383/Ind/14 16. Examining the fact of instant appeal for Assessment Year 2006-07 and 2007-08 in the light of the above judgment of the Co-ordinate Bench

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

Section 143(3) for making addition, where no incriminating material relating to assessment years in question were found and seized from the premises of the assessee. Pramod Kumar Sethi I.T.A. No. 382 & 383/Ind/14 16. Examining the fact of instant appeal for Assessment Year 2006-07 and 2007-08 in the light of the above judgment of the Co-ordinate Bench

SHRI SUSHIL KUMAR BAFNA,UJJAIN vs. THE ITO 1(1), UJJAIN

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

Bench: Shri C.M.Garg & Shri O.P.Meenaआ.अ.सं./ I.T.A. No. 637/Ind/2014 "नधा"रण वष" /Assessment Year: 2010-11

16 of 24 return such deposit being made in any case not later than the due date applicable in the case of the assessee for furnishing the return of income under sub-section (1) of section 139 in an account in any such bank or institution as may be specified in, and utilised in accordance with, any scheme which

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

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, the assessee should not be disentitled to exemption under Section 54F. The same has been held by the Apex Court in the case of Sanjeev Lal v. CIT (2014) 46 taxmann 300/ 225 taxmann

SRK DEV BUILD PVT LTD.,INDORE vs. DCIT/ACIT 5(1), INDORE

Appeal is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2016-17 Srk Dev Build Pvt. Ltd, Dcit/Acit-5(1) 18/2, Lasudia Mori, Indore बनाम/ A.B. Road, Vs. Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Aaqcs3387P Assessee By Shri Pranay Goyal & S.N. Goyal, Cas Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 15.04.2024 Date Of Pronouncement 20.06.2024

16. However, while framing assessment of AY 2016-17 under consideration, the AO made an altogether different observation and disallowed deduction of depreciation and interest by stating “The income if any generated towards letting out the property, can be treated as income from house property, therefore, the deduction/depreciation/interest expenses claimed as business expenses being incidental to the business of assessee

THE ACIT, 4(1), INDORE vs. SHRI SANJAY LUNAWAT, INDORE

Bench: Shri Rajpal Yadav, Vice- & Shri Manish Boradvirtual Hearing Assessment Year 2010-11

16,33,438 3 Overdraft facility from Bank of Baroda 6,18,867 Total 37,27,311 However, the assessee claimed deduction on account of interest of Rs. 35,67,618/- only against the income offered for tax under the head ‘Income from House Property’ and ‘Income from Other Sources’ as against the actual amount of interest

SHRI ISHWAR PATEL,DHAR vs. THE ITO, DHAR

In the result, ground no. 4 in both the years are also

Bench: Shri Kul Bharat & Shri Manish Borad

section 69 of the Act at Rs.1,05,500/- and addition for income from other sources at Rs.33,000/- on account of declaring excess figure of agricultural income. The income was assessed at Rs.1,76,900/-. 5. Aggrieved, the assessee preferred appeal before the learned CIT(A) but failed to succeed. Now the assessee is in appeal before the Tribunal

SHRI ISHWAR PATEL,DHAR vs. THE ITO, DHAR

In the result, ground no. 4 in both the years are also

Bench: Shri Kul Bharat & Shri Manish Borad

section 69 of the Act at Rs.1,05,500/- and addition for income from other sources at Rs.33,000/- on account of declaring excess figure of agricultural income. The income was assessed at Rs.1,76,900/-. 5. Aggrieved, the assessee preferred appeal before the learned CIT(A) but failed to succeed. Now the assessee is in appeal before the Tribunal

M/S BALAJEE STERLING BUILDER,BHOPAL vs. THE DCIT-1(1), BHOPAL

In the result, both of the appeals of assessee are allowed

Bench: Ms. Madhumita Roy & Shri B.M. Biyani

properties etc. but it ended with the development of the land and the main revenue earned by the appellant was in the nature of works contractor by virtue of the written agreements entered into with various plot owners. It is relevant to mention here that on similar facts, Hon'ble ITAT, Indore Bench in the case of Sky Builders &Developers