SHRI KAILASH BHAGWAN CHOUDHARY,INDORE vs. THE ITO 2(3), INDORE

In the result, the appeal filed by the assessee is partly

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2011-12

192, that “if two reasonable construction of a taxing provision are possible, then construction which favours the assessee must be adopted. This is will accepted rule of construction recognized by the Hon'ble court in several of its decisions”. Keeping the above discussions and judgments in mind we observe that the Hon'ble High Court in the case

SHRI SUKHRAM MUKATI,INDORE vs. THE ITO WD-3(3), INDORE

In the result, the appeal of Shri Sukhram Mukati and

Bench: Shri C.M.Garg & Shri O.P.Meenaआ.अ.सं./I.T.A No.409&410/Ind/2014 "नधा"रण वष"/Assessment Year : 2008-09

192 which says that if a statutory provision is capable of more than one view, then the view which favours the tax payer should be preferred. The Tribunal also observed that Section 54F being a beneficial provision enacted for encouraging investment in residential houses should be liberally interpreted. 7. We have no hesitation in agreeing with the view taken

M/S SWADESH DEVLOPERS AND BUILDERS,BHOPAL vs. ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL)-2, BHOPAL

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad

192 has "held that if two reasonable construction of a taxing provisions are possible, then that construction which favours the assessee must be adopted". In the light of above judgment of Hon'ble Apex Court we have gone through the judgments referred and relied by both the parties and are inclined to follow the view taken by Hon'ble courts

M/S RADHISHWARI DEVLOPERS P LTD,INDORE vs. PR CIT -2 INDORE, INDORE

In the result, Assessee’s appeal in ITANo

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing Assessment Year 2013-14 M/S. Radhishwari Developers P. Ltd. (Now Known As R.C. Warehousing Pvt. Ltd. ) Indore : Appellant Pan :Aafcr1916A V/S Pr. Cito-2 : Respondent Indore Appellant By S/Shri Sumit Nema Sr. Adv. With Gagan Tiwari & Piyush Parashar Advs. Revenue By Shri S.S. Mantri, Cit-Dr Date Of Hearing 24.05.2021 Date Of Pronouncement 20.07.2021

section 263 is not permitted to substitute his estimate of income in place of the income estimated by the Assessing Officer. (vii) The Assessing Officer exercises quasi-judicial power vested in him and if he exercises such power in accordance with law and arrive at a conclusion, such conclusion cannot be termed to be erroneous simply because the Commissioner

AG-8 VENTURES LTD.,BHOPAL vs. ACIT, CENTRAL-1, BHOPAL

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

192/- made by the A.O. on account of disallowance of deduction expenditure. 11. On the fact and in the Circumstance of the Ld. CIT (A) has erred in deleting the addition of Rs. 15,00,000/- made by the A.O. on account of unaccounted receipts. 12. On the fact and in the Circumstance of the case

AG-8 VENTURES LTD.,BHOPAL vs. ACIT, CENTRAL-1, BHOPAL

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

192/- made by the A.O. on account of disallowance of deduction expenditure. 11. On the fact and in the Circumstance of the Ld. CIT (A) has erred in deleting the addition of Rs. 15,00,000/- made by the A.O. on account of unaccounted receipts. 12. On the fact and in the Circumstance of the case

SHRI SUNIL SOJATIA,INDORE vs. THE ACIT CIRCLE -2(1), INDORE

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

Bench: Shri Kul Bharat & Shri Manish Borad

section 50C of the Act of Rs.35,46,018/-. The A.O. made addition of Rs.3,70,000/- in respect of the loans taken from his children. Further, the A.O. made disallowance of interest paid on term loan of Rs.9,38,756/-, disallowance of agricultural income of Rs.2 lakhs, cash deposited in the bank of Rs.7 lakhs, purchase of shares

SHRI PRABHAT SOJATIA,INDORE vs. THE ACIT 2(1), INDORE

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

Bench: Shri Kul Bharat & Shri Manish Borad

section 50C of the Act of Rs.35,46,018/-. The A.O. made addition of Rs.3,70,000/- in respect of the loans taken from his children. Further, the A.O. made disallowance of interest paid on term loan of Rs.9,38,756/-, disallowance of agricultural income of Rs.2 lakhs, cash deposited in the bank of Rs.7 lakhs, purchase of shares

DCIT (CENTRAL), BHOPAL vs. SHAILENDRA SHARMA, BHOPAL

In the result the appeals of the assessee for the Assessment

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

property already took place on 07.01.2011. The seized document is entirely silent about the 9 IT(SS) No.30 & 31/Ind/2023 ITA (SS) No.305/Ind/2023 Shailendra Sharma transaction whether it is a payment or receipt. The addition made by the A.O in respect of other notings in the seized document has been deleted by the CIT(A) in para No. 3.6.2 as under

DCIT , CENTRAL -2 , INDORE vs. M/S GREAT GALLEON VENTURES LTD , INDORE

In the result, the appeals of the Revenue bearing ITANo

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad

property discovered in the course of search which was not produced or not already disclosed or made known in the course of original assessment. In. all these cases no assessments were pending on the date of search for these assessment years. No assessments were abated in terms of second proviso to section 153A of the Act. Hon'ble Delhi High

DCIT , CENTRAL -2 , INDORE vs. M/S GREAT GALLEON VENTURES LTD , INDORE

In the result, the appeals of the Revenue bearing ITANo

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad

property discovered in the course of search which was not produced or not already disclosed or made known in the course of original assessment. In. all these cases no assessments were pending on the date of search for these assessment years. No assessments were abated in terms of second proviso to section 153A of the Act. Hon'ble Delhi High

THE ACIT (CENTRAL)-1, INDORE vs. M/S. M.C.S. TRADING COM. PVT. LTD., INDORE

In the result the appeals of the revenue for Assessment Year

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

property discovered in the course of search which was not produced or not already disclosed or made known in the course of original assessment. In all these cases no assessments were pending on the date of search for these assessment years. No assessments were abated in terms of second proviso to section 153A of the Act. Hon'ble Delhi High

THE A C I T CENTRAL-II, BHOPAL vs. S V INFRA DEVELOPERS, BHOPAL

In the result both the appeals of the Revenue are dismissed

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

192 : (2011) 60 DTR 233 Xxxxxx ..... xxxxx Shri Nitin Agrawal & S.V. Infra Developers IT(SS)A No.182/Ind/2019& ITA No.657/Ind/2019 b)INCOME TAX OFFICER vs. VIJAY KUMAR KESAR (2010) 231 CTR (Chattisgarh) 165: (2010) 327 ITR 497: (2010) 36 DTR 13 Xxxxxx ..... xxxxx c)COMMISSIONER OF INCOME TAX vs. SHRl RAMDAS MOTOR TRANSPORT

M/S ANDRITZ HYDRO PRIVATE LIMITED (EARLIER KNOWN AS V A TECH HYDRO INDAI PVT. LTD.),MANDIDEEP vs. THE ACIT 1(1), BHOPAL

In the result, grounds taken by the assessee in all the years with respect to provision of warranty are allowed

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

192,433 Paid for engineering Hydro GmbH, ep Inspection- support for specific Austria forging tasks. Covered by exclusion clause in 3.2 of the agreement relating to general technical assistance by active participation in establishing marketing, design, Production, assembly, quality control, testing, application, installation, commissioning and servicing. Page 31 of 84 M/s. Andritz Hydro Pvt. Ltd v DCIT/ T.P.A. No.157/Ind/2015 &316/Ind/2016

THE ACIT, 1(1), BHOPAL vs. M/S. ANDRITZ HYDRO PVT. LTD., RAISEN

In the result, grounds taken by the assessee in all the years with respect to provision of warranty are allowed

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

192,433 Paid for engineering Hydro GmbH, ep Inspection- support for specific Austria forging tasks. Covered by exclusion clause in 3.2 of the agreement relating to general technical assistance by active participation in establishing marketing, design, Production, assembly, quality control, testing, application, installation, commissioning and servicing. Page 31 of 84 M/s. Andritz Hydro Pvt. Ltd v DCIT/ T.P.A. No.157/Ind/2015 &316/Ind/2016

M/S. ANDRITZ HYDRO PRIVATE LIMITED (EARLIER KNOWN AS VA TECH HYDRO INDIA PRIVATE LIMITED),BHOPAL vs. THE DCIT 1(1), BHOPAL

In the result, grounds taken by the assessee in all the years with respect to provision of warranty are allowed

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

192,433 Paid for engineering Hydro GmbH, ep Inspection- support for specific Austria forging tasks. Covered by exclusion clause in 3.2 of the agreement relating to general technical assistance by active participation in establishing marketing, design, Production, assembly, quality control, testing, application, installation, commissioning and servicing. Page 31 of 84 M/s. Andritz Hydro Pvt. Ltd v DCIT/ T.P.A. No.157/Ind/2015 &316/Ind/2016

THE DCIT, 1(1), BHOPAL vs. M/S. ANDRITZ HYDRO PVT. LTD., RAISEN

In the result, grounds taken by the assessee in all the years with respect to provision of warranty are allowed

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

192,433 Paid for engineering Hydro GmbH, ep Inspection- support for specific Austria forging tasks. Covered by exclusion clause in 3.2 of the agreement relating to general technical assistance by active participation in establishing marketing, design, Production, assembly, quality control, testing, application, installation, commissioning and servicing. Page 31 of 84 M/s. Andritz Hydro Pvt. Ltd v DCIT/ T.P.A. No.157/Ind/2015 &316/Ind/2016

THE DCIT, 1(1), BHOPAL vs. SMT. SUDESH CHAWLA, BHOPAL

In the result appeal of the assessee for Assessment Years

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradit(Ss)A Nos. 158 To 163/Ind/2015 Assessment Years 2000-01 To 2005-06 & Assessment Year-2006-07

House Security Deposit 40,000/- Smt. SaritaChawla Loan 5,10,000/- M/s Star Hardware, Bhopal Security Deposit 1,00,000/- 62 IT(SS)ANos.158 to 175/Ind/2015 && others Chawla Group Vishal Kumar Raj Kumar Loan 2,00,000/- Sonia Devi Loan 2,00,000/- Total 16,50,000/- 53. In the above stated list the amount referred as security deposits