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

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

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Vodafone Idea Ltd. Cit (Tds), बनाम/ (Formerly M/S Idea Bhopal Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent) M/S Vodafone Idea Ltd. Dcit/Jcit (Tds), बनाम/ (Formerly M/S Idea Indore Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent)

1)(vii) would also have to be construed as involving a human element • The expression 'technical service' would have reference to only technical service rendered by a human. Page 36 of 65 ITA No. 415/Ind/2014 & 265/Ind/2018 – AY 2010-11 M/s Vodafone Idea Ltd. (Formerly M/s Idea Cellular Ltd.) • MTNL or other companies do not provide any assistance to the assessee

IDEA CELLULAR LIMITED,INDORE vs. DCIT TDS, INDORE

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Vodafone Idea Ltd. Cit (Tds), बनाम/ (Formerly M/S Idea Bhopal Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent) M/S Vodafone Idea Ltd. Dcit/Jcit (Tds), बनाम/ (Formerly M/S Idea Indore Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent)

1)(vii) would also have to be construed as involving a human element • The expression 'technical service' would have reference to only technical service rendered by a human. Page 36 of 65 ITA No. 415/Ind/2014 & 265/Ind/2018 – AY 2010-11 M/s Vodafone Idea Ltd. (Formerly M/s Idea Cellular Ltd.) • MTNL or other companies do not provide any assistance to the assessee

ACIT (CENTRAL UJJAIN, UJJAIN vs. M/S ARIHANT FUTURE AND COMMODITIES LTD, INDORE

Bench: Shri Mahavir Prasad, Judicialmember & Shri Manish Boradvirtual Hearing &

68 and the addition of Rs. 1,80,000/- made u/s 69 of the IT Act, while incorrectly observing that the wrong was done by the persons in their personal capacity, and not in the capacity of the employees of the assessee company. 2. On the facts and in the circumstances of the case, the Ld. CIT(A) has erred

THE ACIT, CENTRAL - UJJAIN, INDORE vs. M/S ARIHANT FUTURE & COMMADITIES LTD , INDORE

Bench: Shri Mahavir Prasad, Judicialmember & Shri Manish Boradvirtual Hearing &

68 and the addition of Rs. 1,80,000/- made u/s 69 of the IT Act, while incorrectly observing that the wrong was done by the persons in their personal capacity, and not in the capacity of the employees of the assessee company. 2. On the facts and in the circumstances of the case, the Ld. CIT(A) has erred

THE ACIT ,CENTRAL-UJJAIN, INDORE vs. M/S ARIHANT CAPITALS MARKETS LTD , INDORE

Bench: Shri Mahavir Prasad, Judicialmember & Shri Manish Boradvirtual Hearing &

68 and the addition of Rs. 1,80,000/- made u/s 69 of the IT Act, while incorrectly observing that the wrong was done by the persons in their personal capacity, and not in the capacity of the employees of the assessee company. 2. On the facts and in the circumstances of the case, the Ld. CIT(A) has erred

ASSISTANT COMMISSIONER OF INCOME TAX, INDORE vs. COMMANDER INDUSTRIES PRIVATE LIMITED, INDORE

In the result, the appeal of the revenue and CO of assessee are dismissed

vii)Desney Broadcasting (India) (P.) Ltd. vs. Principal Commissioner of Income Tax 163 taxmann.com 40\n4.1 Ld. AR has heavily relied the impugned order of the CIT(A) and submitted that the CIT(A) has allowed the claim of depreciation on goodwill by following the various judgments by the Hon'ble Supreme Court as well as this Tribunal

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

VII(2), Chennai During relevant year, assessee made cash payments to suppliers of crackers-without examining details of expenditure involved, Assessing Officer allowed said payments- commissioner found that assessee had made cash payments in excess of Rs.20,000 to some suppliers on day- to-day basis- He thus passed a revisional order disallowing said payments under section

THE DCIT (CENTRAL), INDORE vs. M/S KETI CONSTRUCTION (INDIA) LTD. , INDORE

In the result all the grounds raised by Revenue in the case of

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Boradassessment Year 2010-11

68. However, the addition on account of share capital received was made after reducing there from, the income already offered by the respondent on account of peak credit as discussed in Para 12.9 of the assessment order. Penalty proceedings in respect of the addition so made by the AO were initiated in Para 12.10 of the assessment order. Copy

THE DCIT-CENTRAL-2, INDORE vs. M/S. KALYAN TOLL INFRASTRUCTURE LTD., INDORE

In the result all the grounds raised by Revenue in the case of

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Boradassessment Year 2010-11

68. However, the addition on account of share capital received was made after reducing there from, the income already offered by the respondent on account of peak credit as discussed in Para 12.9 of the assessment order. Penalty proceedings in respect of the addition so made by the AO were initiated in Para 12.10 of the assessment order. Copy

FAITH BUILDERS & REALTIES P LTD,BHOPAL vs. PR CIT-1,, BHOPAL

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year:2015-16 Faith Builders & Realties, P. Pr. Cit-1, Ltd., Bhopal Bhopal बनाम/ (Appellant) (Respondent ) Vs. P.A. No. Aabcf7558A Appellant By Shri S.S. Deshpande, Ar Revenue By Shri S.B. Prasad, Cit-Dr Date Of Hearing: 08.07.2021 Date Of Pronouncement: 16.08.2021 आदेश / O R D E R Per Manish Borad, A.M: By Way Of This Appeal, The Appellant Has Challenged The Assumption Of Jurisdiction U/S 263 Of The Income Tax Act 1961( Hereinafter Referred To As ‘The Act’ For Short) By Ld. Pr. Cit-1 Bhopal Vide Order Dated 31.01.2020.The Assessee Has Raised Following Grounds Of Appeal:-

68,47,432/- (-) Rs. 10,31,99,121/-) was thus sale price less direct expenses till Faith Builders & Realities Ltd. 31.03.2015. Accordingly, the amount of Rs. 1,36,48,310/- did not represent the income for the year. In the written submission filed before the Ld. Commissioner the details were submitted. 7c. The Ld. PCIT further observed that no reference

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

vii) Commissioner of Income Tax, Delhi v/s International Travel House Ltd (2012) ITR 554 (Delhi) 26 ITA Nos.350 & 66/Ind/2017 & ITANo.57/Ind/2019 Vinod Bhandari (viii) Income Tax Officer V/s D.G Housing Projects Ltd (2002) 343 ITR 329 Delhi (ix) M/s Amira Pure Foods Pvt. Ltd (ITAT Bench Delhi) (x) M/s Narayan Tatu Rane (ITAT Mumbai Delhi) 21. Reliance is also placed

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

vii) Commissioner of Income Tax, Delhi v/s International Travel House Ltd (2012) ITR 554 (Delhi) 26 ITA Nos.350 & 66/Ind/2017 & ITANo.57/Ind/2019 Vinod Bhandari (viii) Income Tax Officer V/s D.G Housing Projects Ltd (2002) 343 ITR 329 Delhi (ix) M/s Amira Pure Foods Pvt. Ltd (ITAT Bench Delhi) (x) M/s Narayan Tatu Rane (ITAT Mumbai Delhi) 21. Reliance is also placed

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

vii) Commissioner of Income Tax, Delhi v/s International Travel House Ltd (2012) ITR 554 (Delhi) 26 ITA Nos.350 & 66/Ind/2017 & ITANo.57/Ind/2019 Vinod Bhandari (viii) Income Tax Officer V/s D.G Housing Projects Ltd (2002) 343 ITR 329 Delhi (ix) M/s Amira Pure Foods Pvt. Ltd (ITAT Bench Delhi) (x) M/s Narayan Tatu Rane (ITAT Mumbai Delhi) 21. Reliance is also placed

RUPESH VYAS,INDORE vs. THE ACIT3(1), INDORE, INDORE

In the result, this appeal of assessee is dismissed

Bench: Shri T.R. Senthil Kumar & Shri B.M. Biyani

vii) Kalekhan Mohammed Hanif u. CIT (1963) 50 ITR l(SC) viii) CIT vs. Biju Patnaik - (1986) 160 ITR 674 (SC) (ix) CIT v. P. Mohanakala &Others - (2007) 291 ITR 278 (SC) Page 7 of 26 Shri Rupesh Vyas Assessment year 2015-16 7.1. In the decision delivered on 27.3.2015, the Hon'ble ITAT, E-Bench, Mumbai has allowed

AABHUSHAN,DHAMNOD, MADHYA PRADESH vs. ITO DHAR, DHAR

In the result, appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniaabhushan Dhamnod Ito, Dhar 1St Floor, Ganpati Market Ab Road Dhamnod Vs. Mp (Appellant / Assessee) (Respondent/ Revenue) Pan: Abgfa0812K Assessee By Shri Pranay Goyal & Shri S.N. Goyal, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 10.04.2024 Date Of Pronouncement 09.05.2024 O R D E R

vii). M/s Ruhi Construction Vs. JCIT I.T.A No. 158/Ind/2013 & 169/Ind/2013 5. On the other hand, ld. DR submitted that the assessee has failed to discharge its onus during the assessment proceedings to prove the identity and creditworthiness of the creditors as well as genuineness of the transactions. Only before the CIT(A) assessee has filed some documents which were

THE AIT,ENTRAL-1, INDORE vs. SURYA INFRAVENTURE P LTD, INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

36,000 Ltd. 14 Surya Shakti AAECS0505K 9,55,500 4,06,97,791 Marketing PL 15 Super Deal AAECS2143K 1,79,58,750 25,00,46,932 Sales P Ltd 16 Quicker Impex AAACQ0433E 1,07,69,250 3,27,11,907 & Credit PL 17 Satyam Credit AADCS6627H 65,39,250 99,88,429 P Ltd 18 Mudrika Fiscal

THE ACIT, CIRCLE 2(1), INDORE vs. M/S SURYA INFRA VENTURE PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

36,000 Ltd. 14 Surya Shakti AAECS0505K 9,55,500 4,06,97,791 Marketing PL 15 Super Deal AAECS2143K 1,79,58,750 25,00,46,932 Sales P Ltd 16 Quicker Impex AAACQ0433E 1,07,69,250 3,27,11,907 & Credit PL 17 Satyam Credit AADCS6627H 65,39,250 99,88,429 P Ltd 18 Mudrika Fiscal