HIMANSHU BOTADEARA HUF,INDORE vs. THE ITO 4(3), INDORE

In the result, these two appeals filed by the assesse are

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

239/- as unexplained cash credit within the meaning of section 68 of the Income-tax Act, 1961. (v) That

BALKISHAN KOSHAL ,INDORE vs. INCOME TAX OFFICER, NEW DELHI

Appeals are allowed for statistical

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniay: 2013-14 Shri Balkishan Koshal, Income-Tax Officer, बनाम/ 31, Bhagirathpura, Nfac, Vs. Indore. Delhi (Pan: Bkipk5435L) (Assessee/Appellant) (Revenue/Respondent) Ay: 2013-14 Shri Balkishan Koshal, Income-Tax Officer, बनाम/ 31, Bhagirathpura, Nfac, Vs. Indore. Delhi (Pan: Bkipk5435L) (Assessee/Appellant) (Revenue/Respondent)

section 68- 69 of the Act hence, assessment and penalty appeal-order is prejudice, unjustified and deserve to be set-aside according to law. Page 2 of 8 Shri Balkishan Koshal, Indore vs. NFAC, Delhi ITA Nos.69 & 72/Ind/2024 – A.Ys. 2013-14 3. These appeals are inter-related; therefore they were heard together and are being disposed of by this

BALKISHAN KOUSHAL ,INDORE vs. INCOME TAX OFFICER, DELHI

Appeals are allowed for statistical

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniay: 2013-14 Shri Balkishan Koshal, Income-Tax Officer, बनाम/ 31, Bhagirathpura, Nfac, Vs. Indore. Delhi (Pan: Bkipk5435L) (Assessee/Appellant) (Revenue/Respondent) Ay: 2013-14 Shri Balkishan Koshal, Income-Tax Officer, बनाम/ 31, Bhagirathpura, Nfac, Vs. Indore. Delhi (Pan: Bkipk5435L) (Assessee/Appellant) (Revenue/Respondent)

section 68- 69 of the Act hence, assessment and penalty appeal-order is prejudice, unjustified and deserve to be set-aside according to law. Page 2 of 8 Shri Balkishan Koshal, Indore vs. NFAC, Delhi ITA Nos.69 & 72/Ind/2024 – A.Ys. 2013-14 3. These appeals are inter-related; therefore they were heard together and are being disposed of by this

SHRI MANOJ YADAV,INDORE vs. ACIT5(1), INDORE

Bench: Shri Manish Borad & Mis Madhumita Royassessment Year:2014-15 Shri Manoj Yadav Acit Circle 5(1) Gf-Shekhar Residency Indore बनाम/ 2Nd Floor, Flat No.204, Vs. Sch, No.54 Indore (Appellant) (Respondent ) P.A. No.Aagpy5452J

239/- under section 68, which is quite unjust, illegal and against the facts of the case. 3. That the Ld. CIT(A) has erred

SHRI VARAD MEHTA,BHOPAL vs. THE DCIT 1(1), BHOPAL

In the result appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year 2008-09 Shri Varad Mehta, Dcit 1(1), B-4/301, Paras City, Vs. Bhopal Arera Colony, Bhopal (Appellant) (Respondent ) Pan No.Aflpm6733Q Revenue By Shri Rajeeb Jain, Sr.Dr Assessee By Shri Girish Agrawal,Ca Date Of Hearing 27.11.2018 Date Of Pronouncement 06.12.2018 O R D E R

68, of the Income-tax Act, 1961 - Penalty - For concealment of income - Assessing Officer found a sum of Rs. 2,01,000 in books of account of assessee - Assessing Officer issued notice to assessee asking him to explain source of said amount - Assessee replied that he borrowed same from different creditors _ However, despite best efforts, assessee could not secure creditors

M/S. AGRAWAL COAL CORPORATION P. LTD.,INDORE vs. THE DCIT RANGE 1(1), INDORE

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

68 of 127 50 SOT 134 (Ahm.Trib), Mastek Limited vs. Addl. CIT, (2012) 53 SOT 111 (Ahm.), LGEC – NCC vs. ITO, (2014) 37 taxmann.com 402 (I.T.A.T. Hyd.). The assessee has further relied on the decision of CIT vs. EKL Appliances Limited, (2012) 345 ITR 241(Del), wherein the Hon’ble High Court has affirmed the use of OECD guidelines

THE DCIT-1(1), INDORE vs. M/S. AGRAWAL COAL CORPORATION P. LTD., INDORE

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

68 of 127 50 SOT 134 (Ahm.Trib), Mastek Limited vs. Addl. CIT, (2012) 53 SOT 111 (Ahm.), LGEC – NCC vs. ITO, (2014) 37 taxmann.com 402 (I.T.A.T. Hyd.). The assessee has further relied on the decision of CIT vs. EKL Appliances Limited, (2012) 345 ITR 241(Del), wherein the Hon’ble High Court has affirmed the use of OECD guidelines

M/S. AGRAWAL COAL CORPORATION P. LTD.,INDORE vs. THE DCIT -CIRCLE 1(1), INDORE

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

68 of 127 50 SOT 134 (Ahm.Trib), Mastek Limited vs. Addl. CIT, (2012) 53 SOT 111 (Ahm.), LGEC – NCC vs. ITO, (2014) 37 taxmann.com 402 (I.T.A.T. Hyd.). The assessee has further relied on the decision of CIT vs. EKL Appliances Limited, (2012) 345 ITR 241(Del), wherein the Hon’ble High Court has affirmed the use of OECD guidelines

THE DCIT1(1), INDORE vs. M/S. AGRAWAL COAL CORPORATION P LTD., INDORE

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

68 of 127 50 SOT 134 (Ahm.Trib), Mastek Limited vs. Addl. CIT, (2012) 53 SOT 111 (Ahm.), LGEC – NCC vs. ITO, (2014) 37 taxmann.com 402 (I.T.A.T. Hyd.). The assessee has further relied on the decision of CIT vs. EKL Appliances Limited, (2012) 345 ITR 241(Del), wherein the Hon’ble High Court has affirmed the use of OECD guidelines

ASIAN BUSINESS CONECTION PVT. LTD.,BHOPAL vs. DCIT - 1(1) , BHOPAL

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2015-16 M/S. Asian Business Dcit-1(1), Connections Private Ltd, Vs. Bhopal Fm-18, Man Sarovar Complex, 7No. Stop, Shivaji Nagar, Bhopal (Appellant) (Respondent ) Pan No.Aaica1206D

68,364/- under section 2(22) (e) of the Act without understanding the fact of the case and without appreciating that the amount payable to M/s Advantage overseas Pvt Ltd was taken for strategic investment purpose same was evident from agreement dated 12/10/2012 executed between both holding and its subsidiary company. 5. That CIT (A) erred in not proper

M/S INDUSTRIAL FILTERS AND FABRICS PVT. LTD.,INDORE vs. THE ADDL. CIT- RANGE-5, INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

68 of the Income Tax Act, 1961 of Rs.25,00,000/- alleging the same as unexplained share application money. It is submitted that the said amount of Rs.25,00,000/- was properly explained and on the facts and in the circumstances of the case, the addition is wrong and not in accordance with law. It is therefore, prayed that

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT 2(1), INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

68 of the Income Tax Act, 1961 of Rs.25,00,000/- alleging the same as unexplained share application money. It is submitted that the said amount of Rs.25,00,000/- was properly explained and on the facts and in the circumstances of the case, the addition is wrong and not in accordance with law. It is therefore, prayed that

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT 2(1), INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

68 of the Income Tax Act, 1961 of Rs.25,00,000/- alleging the same as unexplained share application money. It is submitted that the said amount of Rs.25,00,000/- was properly explained and on the facts and in the circumstances of the case, the addition is wrong and not in accordance with law. It is therefore, prayed that

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT 2(1), INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

68 of the Income Tax Act, 1961 of Rs.25,00,000/- alleging the same as unexplained share application money. It is submitted that the said amount of Rs.25,00,000/- was properly explained and on the facts and in the circumstances of the case, the addition is wrong and not in accordance with law. It is therefore, prayed that

M/S INDUSTRIAL FILTERS & FABRICS PVT.LTD.,INDORE vs. THE JCIT, R-5 (PRESENT AO: DCIT 2(1), INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

68 of the Income Tax Act, 1961 of Rs.25,00,000/- alleging the same as unexplained share application money. It is submitted that the said amount of Rs.25,00,000/- was properly explained and on the facts and in the circumstances of the case, the addition is wrong and not in accordance with law. It is therefore, prayed that

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT-2(1), INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

68 of the Income Tax Act, 1961 of Rs.25,00,000/- alleging the same as unexplained share application money. It is submitted that the said amount of Rs.25,00,000/- was properly explained and on the facts and in the circumstances of the case, the addition is wrong and not in accordance with law. It is therefore, prayed that

M/S INDUSTRIAL FILTERS AND FABRICS PVT. LTD.,INDORE vs. THE ACIT 5(1), INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

68 of the Income Tax Act, 1961 of Rs.25,00,000/- alleging the same as unexplained share application money. It is submitted that the said amount of Rs.25,00,000/- was properly explained and on the facts and in the circumstances of the case, the addition is wrong and not in accordance with law. It is therefore, prayed that

M/S. IDEA CELLULAR LIMITED,INDORE vs. THE DCIT (TDS), INDORE

Appeals are allowed

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

Section 194J of the Act is not attracted in the case of "revenue sharing contract". According to Respondent No.1, in such contracts there is only sharing of revenue and, therefore, payments by revenue sharing cannot constitute "fees" under Section 194J of the Act. This submission is not accepted by the Department. We leave it there because this submission