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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

Section 143(3) of the Act on 29.03.2014 by determining the total income of the assessee at Rs. 4,71,42,454/-. Further that the Ld. AO re-characterised the income from operation of the mall as shown by the assessee in its computation of income under the head “Income from Business Profession” to the head “Income From House Properties

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

Section 143(3) of the Act on 29.03.2014 by determining the total income of the assessee at Rs. 4,71,42,454/-. Further that the Ld. AO re-characterised the income from operation of the mall as shown by the assessee in its computation of income under the head “Income from Business Profession” to the head “Income From House Properties

DEPUTY COMMISSIONER OF INCOME TAX -3 (1), INDORE vs. M/S M.P. ENTERTAINMENT AND DEVELOPERS PRIVATE LIMITED, INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

Section 143(3) of the Act on 29.03.2014 by determining the total income of the assessee at Rs. 4,71,42,454/-. Further that the Ld. AO re-characterised the income from operation of the mall as shown by the assessee in its computation of income under the head “Income from Business Profession” to the head “Income From House Properties

DR. VINOD BHANDARI,INDORE vs. THE DCIT CIR. 2(1), INDORE

In the result appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Shri Vinod Bhandari, Pr. Cit(1), Indore 21- Gf, Bhandari House, Talkies, Scheme No.54, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) Pan No.Abnpb6240M Assessment Year: 2012-13

property) b. Certificate of approval u/s 80G of the institutions to whom donations were made, which- means she had verified the deductions claimed.- c. Details of disallowance of excess interest u/s 57 d. Details of amounts appearing in 26AS Statement 4. Further the A.O had - in its show cause notice dt./ 18/03/2015 also mentioned interest amount

DR. VINOD BHANDARI,INDORE vs. THE ACIT CIR. 2(1), INDORE

In the result appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Shri Vinod Bhandari, Pr. Cit(1), Indore 21- Gf, Bhandari House, Talkies, Scheme No.54, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) Pan No.Abnpb6240M Assessment Year: 2012-13

property) b. Certificate of approval u/s 80G of the institutions to whom donations were made, which- means she had verified the deductions claimed.- c. Details of disallowance of excess interest u/s 57 d. Details of amounts appearing in 26AS Statement 4. Further the A.O had - in its show cause notice dt./ 18/03/2015 also mentioned interest amount

SHRI VINOD BHANDARI,INDORE vs. THE PR.CIT-1, INDORE

In the result appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Shri Vinod Bhandari, Pr. Cit(1), Indore 21- Gf, Bhandari House, Talkies, Scheme No.54, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) Pan No.Abnpb6240M Assessment Year: 2012-13

property) b. Certificate of approval u/s 80G of the institutions to whom donations were made, which- means she had verified the deductions claimed.- c. Details of disallowance of excess interest u/s 57 d. Details of amounts appearing in 26AS Statement 4. Further the A.O had - in its show cause notice dt./ 18/03/2015 also mentioned interest amount

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

house developed software. The Ld. AR further submitted that the said company has developed its own software product for rendition of software services and has also incurred expenditure of Rs.83,80,045/- on research development on yearly basis. Thus, the Ld. AR submitted that it is clearly evident that the said company is functionally not comparable to the assessee

M/S. COMPUTER SCIENCE CORPORATION INDIA PVT. LTD.,CHENNAI vs. THE ACIT-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

house developed software. The Ld. AR further submitted that the said company has developed its own software product for rendition of software services and has also incurred expenditure of Rs.83,80,045/- on research development on yearly basis. Thus, the Ld. AR submitted that it is clearly evident that the said company is functionally not comparable to the assessee

M/S. COMPUTER SCIENCES CORPORATION INDIA PRIVATE LIMITED,INDORE vs. THE ASST. COMMISSIONER OF INCOME TAX-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

house developed software. The Ld. AR further submitted that the said company has developed its own software product for rendition of software services and has also incurred expenditure of Rs.83,80,045/- on research development on yearly basis. Thus, the Ld. AR submitted that it is clearly evident that the said company is functionally not comparable to the assessee

THE ACIT, CENTRAL-2, INDORE vs. M/S. LIFE STYLE INFRATECH PVT. LTD., INDORE

Bench: Ms. Suchitra Raghunath Kamble & Shri B.M. Biyani

x) That, no independent, corroborative, concrete, positive, tangible or adverse material whatsoever was found by authorities despite extensive search conducted on assessee by which it can be established that the assessee has recovered any extra-money on account of sale consideration or charges from buyers. The entire case made out by revenue is based on mere surmise and presumption

DEPUTY COMMISSIONER OF INCOME TAX 1, INDORE vs. M/S AGRAWAL COAL CORP. PVT. LTD., INDORE

In the result all the three appeals of the revenue are

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

x) Hon'ble Supreme Court in the case of Commissioner of Income Tax & Anr vs. Yokogawa India Ltd (2017) 291 CTR 0001. (xi) Hon'ble I.T.A.T. Chennai Bench in the case of M/s. Shriram Properties Pvt. Ltd vs. ACIT (2013) 36 CCH 0297. (xii) Hon'ble I.T.A.T. Ahmedabad Bench in the case of Sadbhav Engineering Ltd V/s DCIT

DEPUTY COMMISSIONER OF INCOME TAX 1 (1), INDORE vs. M/S AGRAWAL COAL CORP. PVT. LTD., INDORE

In the result all the three appeals of the revenue are

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

x) Hon'ble Supreme Court in the case of Commissioner of Income Tax & Anr vs. Yokogawa India Ltd (2017) 291 CTR 0001. (xi) Hon'ble I.T.A.T. Chennai Bench in the case of M/s. Shriram Properties Pvt. Ltd vs. ACIT (2013) 36 CCH 0297. (xii) Hon'ble I.T.A.T. Ahmedabad Bench in the case of Sadbhav Engineering Ltd V/s DCIT

M/S AGRAWAL COAL CORP. PVT. LTD.,INDORE vs. DEPUTY COMMISSIONER OF INCOME TAX 1, INDORE

In the result all the three appeals of the revenue are

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

x) Hon'ble Supreme Court in the case of Commissioner of Income Tax & Anr vs. Yokogawa India Ltd (2017) 291 CTR 0001. (xi) Hon'ble I.T.A.T. Chennai Bench in the case of M/s. Shriram Properties Pvt. Ltd vs. ACIT (2013) 36 CCH 0297. (xii) Hon'ble I.T.A.T. Ahmedabad Bench in the case of Sadbhav Engineering Ltd V/s DCIT

DCIT !(1) INDORE, INDORE vs. AGRAWAL COAL CORPORATION (P) LTD., INDORE, INDORE

In the result all the three appeals of the revenue are

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

x) Hon'ble Supreme Court in the case of Commissioner of Income Tax & Anr vs. Yokogawa India Ltd (2017) 291 CTR 0001. (xi) Hon'ble I.T.A.T. Chennai Bench in the case of M/s. Shriram Properties Pvt. Ltd vs. ACIT (2013) 36 CCH 0297. (xii) Hon'ble I.T.A.T. Ahmedabad Bench in the case of Sadbhav Engineering Ltd V/s DCIT

M/S. S.R. FERRO ALLOYS,JHABUA vs. THE PCIT, BHOPAL

In the result, the appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanis.R. Ferro Alloys Pr. Cit, Central 9, Siddheswar Colony Bhopal Vs. Jhabua (Appellant / Assessee) (Revenue) Pan: Abhfs7377Q Appellant By Shri Sumit Nema, Sr. Adv. & Gagan Tiwari, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.10.2023 Date Of Pronouncement 09.11.2023

Section 263 of the Act. In such matters, to remand the matter/issue to the Assessing Officer would imply and mean the CIT has not examined and decided whether or not the order is erroneous but has directed the Assessing Officer to decide the aspect/question. 17. This distinction must be kept in mind by the CIT while exercising jurisdiction under Section

CHIRAYU CHARITABLE FOUNDATION,BHOPAL vs. PCIT (CENTRAL), BHOPAL

In the result appeal of the assessee stands allowed

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradchirayu Charitable Pcit (Central), Foundation,Bhopal Indore Bhopal Highway, Bhaisakhedi, Vs. Bhopal (Appellant) (Revenue ) Pan No.Aaaac3656P Revenue By Shri S.S. Mantri, Cit Appellant By S/Shri Sumit Nema, Sr. Advocate, Gagan Tiwari & Piyush Parashar, Advs Date Of Hearing 05.01.2021 Date Of Pronouncement .02.2021 O R D E R Per Manish Borad, Am.

X. To achieve the objects, the society shall construct buildings, hospitals, clinics diagnostic centres, research centres, colleges etc. and shall raise all other necessary infrastructure, equipment, machines, tools and raise fitting and to do all necessary and incidental there for the beneficiaries. The object of the society shall not include objects involving the carrying on of activity for profit within

LATE SHRI BALKRISHAN JOSHI (THROUGH LEGAL HEIR SHRI BHOOPENDRA JOSHI),INDORE vs. THE INCOME TAX OFFICER-5(1), INDORE, INDORE

Appeal is allowed partly

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2008-09 Late Shri Balkrishan Joshi Income-Tax Officer, (Through L/H Shri 5(1), Bhoopendra Joshi), Indore बनाम/ 541, Alok Nagar, Vs. Kanadia Road, Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Abjpj 0180 C Assessee By Shri S.N. Agrawal & Shri Bavesh Agrawal, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 16.05.2024 Date Of Pronouncement 21.05.2024

section 253(5) and the decision of Hon’ble Supreme Court, we take a judicious view, condone delay, admit appeal and proceed with hearing. 3. This is the 2nd round of litigation by assessee before us. The background facts are such that the assessee filed return of income for AY 2008-09 on 31.07.2008 declaring a total income

BIRENDRA KUMAR SHARMA,GWALIOR vs. ACIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

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

House No.103, Mastura, Bhopal Dabra, Gwalior (Appellant) (Respondent) ITA. No 542/Ind/2017 Assessment Year 2009-10 PAN : BHGPK0249B Shri Birendra Kumar Sharma, V/s DCIT 1(1), 2, Tiwari Mohalla Bijakpur, Bhopal Dabra, Gwalior (Appellant) (Respondent) Revenue by Smt. Ashima Gupta, CIT Assessee by Shri Sumit Nema, Sr. Adv with Shri Gagan Tiwary, Advocate Date of Hearing 14.03.2019 Date of Pronouncement