SHRI VINOD CHOUDHARY,INDORE vs. ITO1 3), INDORE

The appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Vinod Choudhary, Ito 1(3) 12, Niranjanpur, Indore Vs. Lasudia, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Akrpv 4892 Q Assessee By Shri Pankaj Shah & Soumya Bomb, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 27.02.2023 Date Of Pronouncement 28.02.2023

vi) of sec. 2(47). (e) That the AO had erred in non relying on the sale agreement and possession receipt produced by the assessee without bringing any contrary material, other evidence on record and without confronting the buyer of the property. 3. That the appellant craves leave to add or amend any ground of appeal.” 2. Heard the learned

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

vi) If while making the assessment, the Assessing Officer examines the accounts, makes enquiries, applies his mind to the facts and circumstances of the case and determine the income, the Commissioner of Income-tax, while exercising his power under section 263 is not permitted to substitute his estimate of income in place of the income estimated by the Assessing Officer

ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL)-1, INDORE vs. SHRI RITESH JAIN, INDORE

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani & It(Ss)Ano.14/Ind/2022 (Assesssment Year 2011-12

house property, profits & gains of business and profession, income from share in profits of firm and income from other sources. The return for the AY 2010-11 was filed by appellant on 17.03.2011 declaring total income of Rs. 4,49,440/-. On 12.07.2016, a search and seizure operation u/s 132 of the Act was conducted on Jain & Dixit Group. Certain

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

47,694 and relief of Rs. 61,22,811 was granted. Department is not in appeal against this relief granted by the Ld. CIT(A). [PB 117] 12. Ld. Pr. CIT(Central), Bhopal erred in not considering the submissions made by the assessee and proceeded to allege that the funds are siphoned and the fees are not fully reflected. Considering

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

47,694 and relief of Rs. 61,22,811 was granted. Department is not in appeal against this relief granted by the Ld. CIT(A). [PB 117] 12. Ld. Pr. CIT(Central), Bhopal erred in not considering the submissions made by the assessee and proceeded to allege that the funds are siphoned and the fees are not fully reflected. Considering

VAISHALI DEVELOPERS AND BUILDERS ,BHOPAL vs. INCOME TAX OFFICER -1(2), BHOPAL

Appeals are allowed

Bench: Shri B.M. Biyani & Shri Udayan Das Gupta

vi) that the buyer will not claim and shall not be entitled to claim the possession of house or land until and unless the instalments of the construction Page 18 of 34 Vaishali Developers And Builders ITA Nos. 26 & 27/Ind/2024- AYs 2007-08 & 2009-10 cost are paid regularly upto the last, (vii) that the assessee will be entitled

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

Section 92C(3) of the Act, read with the Rules. It would, among other aspects, refer to the method adopted and whether reliability and authenticity of the arm's length determination is affected or corrupted. 83. We now proceed to examine the TNM Method, whether there is prohibition in applying this method on entity to entity basis

THE ACIT, -2(1), BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

vi)\nThe assessee has developed the entire project with all amenities and\nfacilities like road, drainage, lights, etc.\n(vii) The assessee made initial investments for developing the project.\n14.\nLd. AR then placed a heavy reliance on following decisions as filed in\n“Case Laws Compilation” submitted by him:\nParas Housing (P) Ltd. Vs. ACIT

VAISHALI DEVELOPERS ANDBUILDERS,BHOPAL vs. INCOME TAX OFFICER 1 (2), BHOPAL

Appeals are allowed

property in favor of the bank and get the finance.\n4. The developer shall obtain the residential use permission from the\ncompetent authority within a reasonable time. That immediately after\nthe Execution of this agreement, the developer shall start the\nProcedure obtaining of residential Use Permission for the said land.\n5. That after obtaining of Residential Use Permission, the developers

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

vi. Maa Narmada Agrotech and Infrastructures Ltd. dated 11.07.2023 ITANo.117/Ind/2022 6.1 Hence the Ld. Sr. counsel has submitted that when all the relevant evidence and details are already produced before the AO as well as before the Pr. CIT which goes to establish the identity and creditworthiness of creditor as well as genuineness of the transactions as accepted

THE ACIT, 2(1), BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

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

vi) The assessee has developed the entire project with all amenities and facilities like road, drainage, lights, etc. (vii) The assessee made initial investments for developing the project. 14. Ld. AR then placed a heavy reliance on following decisions as filed in “Case Laws Compilation” submitted by him: Paras Housing (P) Ltd. Vs. ACIT (2013) 22 ITJ 273 (Trib. Indore

THE ACIT, 2(1), BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

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

vi) The assessee has developed the entire project with all amenities and facilities like road, drainage, lights, etc. (vii) The assessee made initial investments for developing the project. 14. Ld. AR then placed a heavy reliance on following decisions as filed in “Case Laws Compilation” submitted by him: Paras Housing (P) Ltd. Vs. ACIT (2013) 22 ITJ 273 (Trib. Indore

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

VI to the Companies Act, 1956. The Ld. AR further submitted that this company is engaged in different functions apart from rendition of software development services as listed below: • Manufacturing of electronic chips; • Software Development; • Hardware Maintenance; • Information Technology Consultancy; • Receivables management; and • Software development and implementation The Ld. AR further pointed out page 730 of the Paper book, para

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

VI to the Companies Act, 1956. The Ld. AR further submitted that this company is engaged in different functions apart from rendition of software development services as listed below: • Manufacturing of electronic chips; • Software Development; • Hardware Maintenance; • Information Technology Consultancy; • Receivables management; and • Software development and implementation The Ld. AR further pointed out page 730 of the Paper book, para

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

VI to the Companies Act, 1956. The Ld. AR further submitted that this company is engaged in different functions apart from rendition of software development services as listed below: • Manufacturing of electronic chips; • Software Development; • Hardware Maintenance; • Information Technology Consultancy; • Receivables management; and • Software development and implementation The Ld. AR further pointed out page 730 of the Paper book, para

THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

housing-project” must be completed within the specified time. In fact, that is also the intention of the Parliament that entire project as approved by local-authority must be completed. Further, we need to rule out the proposition that even if a part of the project is completed, deduction is allowed because if that is permitted, a person may complete

THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

housing-project” must be completed within the specified time. In fact, that is also the intention of the Parliament that entire project as approved by local-authority must be completed. Further, we need to rule out the proposition that even if a part of the project is completed, deduction is allowed because if that is permitted, a person may complete

M/S. D.K. CONSTRUCTION,BHOPAL vs. THE ACIT, 2(1), BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

housing-project” must be completed within the specified time. In fact, that is also the intention of the Parliament that entire project as approved by local-authority must be completed. Further, we need to rule out the proposition that even if a part of the project is completed, deduction is allowed because if that is permitted, a person may complete