THE DCIT, (EXEMPTION) CIRCLE, BHOPAL vs. M/S. MAYANK WELFARE SOCIETY, BHOPAL

In the result, Revenue’s appeal for the AY 2013-14

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

68.” CIT (E) v. Patanjali Yogpeeth (NYAS) (2018) 252 Taxman 317/300 CTR 266 (Delhi)(HC). Property held for charitable purposes- Propagation of yoga falls under category of ‘Imparting of education’-Corpus donation to be excluded from total income-Higher membership fee is also donation hence cannot be assessed as income [Ss.2(15), 2(24(iia),4] Mayank Welfare society ITANos.232

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION) CIRCLE BHOPAL, BHOPAL vs. MAYANK WELFARE SOCIETY, INDORE

In the result, Revenue’s appeal for the AY 2013-14

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

68.” CIT (E) v. Patanjali Yogpeeth (NYAS) (2018) 252 Taxman 317/300 CTR 266 (Delhi)(HC). Property held for charitable purposes- Propagation of yoga falls under category of ‘Imparting of education’-Corpus donation to be excluded from total income-Higher membership fee is also donation hence cannot be assessed as income [Ss.2(15), 2(24(iia),4] Mayank Welfare society ITANos.232

SARSWATI VIDHYA PRATISHTHAN M.P ,BHUPAL vs. THE ACIT 2(1), BHOPAL

In the result, appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanisarswati Vidhya Pratishthan Dcit (E) M.P. Bhopal Vs. 01, Harshwardhan Nagar Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Aadas0899M Assessee By Shri Santosh Deshmukh & Shri Parth Jhawar, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 23.08.2023 Date Of Pronouncement 30.08.2023

3A) shall apply. In the facts of the present case, the assessee has complied with all the conditions by maintaining separate books of account in respect of income from technical meetings and seminars and coaching fees, which are in furtherance to the objectives of the assessee trust and, hence, exempt from taxation. 16. In addition to the technical meetings

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

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

3A) to section 40A(3) and no disallowance u/s 40A(3) can be made in the hands of the assessee.” 17. We therefore respectfully following the judgment in the case of Gurdas Garg (supra) and Tirupati Construction (supra) hold that having regard to business expediency, the payment in cash for purchase of land through registered deed was allowable. Thus

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

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

3A) to section 40A(3) and no disallowance u/s 40A(3) can be made in the hands of the assessee.” 17. We therefore respectfully following the judgment in the case of Gurdas Garg (supra) and Tirupati Construction (supra) hold that having regard to business expediency, the payment in cash for purchase of land through registered deed was allowable. Thus

MEHI POWER TRANSFORMERS ,INDORE vs. DCIT-4(1), INDORE

In the result appeal of the assessee is allowed for statistical

Bench: Shri B.M. Biyani & Shri Paresh M Joshimehi Power Transformers, Dcit-4(1), बनाम/ 74-J Industrial Estate, Indore Vs. Polo Ground, Indore (Pan: Aacfm0235H) (Appellant) (Respondent) Assessee By Shri Sudhir Padliya, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 23.06.2025 Date Of Pronouncement 30.06.2025

3A) and 143(3B) of the Act, the assesee’s total income exigible to tax was computed and assessed at Rs.1,08,56,463/-. The returned income was Rs.82,13,230/-. The addition of Rs.26,43,233/- was made. That the aforesaid assessment order bears No. ITBA/AST/S/147/2020- 21/1031889679(1) and that same is dated 29.03.2021 which is hereinafter referred

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

68,577/- and had claimed a deduction of Rs.5,80,542/- u/s. 80JJAA of the Act, for which, separate form i.e., Form 10DA was duly e-filed on 23.12.2020. Since, the gross income of the appellant as per the return was Nil, the said deduction could not be claimed. During the course of assessment proceedings, due to disallowance of depreciation

M/S SHIVALIKA REALITIES P LTD,INDORE vs. ITO 5(1) , INDORE

In the result of appeals of the assessee for AY 2008-09 and AY 2009-10 vide ITA no

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2008-09 & Assessment Year: 2009-10

3a). That, without prejudice to the above, the learned CIT(A) grossly erred, both on facts and in law, in confirming the addition of Rs.10,63,37,500/- made by the AO in the appellant’s income, by passing a cryptic order, merely on guess work, surmises and conjectures, under the head unexplained investment, without considering and appreciating the material

M/S SHIVALIKA REALITIES P LTD,INDORE vs. ITO 5(1) , INDORE

In the result of appeals of the assessee for AY 2008-09 and AY 2009-10 vide ITA no

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2008-09 & Assessment Year: 2009-10

3a). That, without prejudice to the above, the learned CIT(A) grossly erred, both on facts and in law, in confirming the addition of Rs.10,63,37,500/- made by the AO in the appellant’s income, by passing a cryptic order, merely on guess work, surmises and conjectures, under the head unexplained investment, without considering and appreciating the material

M/S MADHYA PRADESH AUDYOGIK KENDRA VIKAS NIGAM (INDORE) LTD.,INDORE vs. THE ACIT3(1), INDORE

In the result, the appeals filed by the assessee company –

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

68 :- MPAKVN AND SEZ (Indore ) & SEZ Ltd.,Indore that the lease premium is consideration for parting away the right in capital assets, therefore it is capital receipt and cannot be taxed. The head-note reads as under: What is parted with under the terms of the lease deed is the right to exploit the land by extracting clay which right

M/S. SEZ INDORE LIMITED,INDORE vs. THE CIT-I, INDORE

In the result, the appeals filed by the assessee company –

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

68 :- MPAKVN AND SEZ (Indore ) & SEZ Ltd.,Indore that the lease premium is consideration for parting away the right in capital assets, therefore it is capital receipt and cannot be taxed. The head-note reads as under: What is parted with under the terms of the lease deed is the right to exploit the land by extracting clay which right

M/S. M.P. AUDHYOGIK KENDRA VIKAS NIGAM,INDORE vs. THE DCIT 3(1), INDORE

In the result, the appeals filed by the assessee company –

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

68 :- MPAKVN AND SEZ (Indore ) & SEZ Ltd.,Indore that the lease premium is consideration for parting away the right in capital assets, therefore it is capital receipt and cannot be taxed. The head-note reads as under: What is parted with under the terms of the lease deed is the right to exploit the land by extracting clay which right

M/S. SEZ INDORE LIMTED,INDORE vs. THE DCIT CIRCLE -3(1), INDORE

In the result, the appeals filed by the assessee company –

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

68 :- MPAKVN AND SEZ (Indore ) & SEZ Ltd.,Indore that the lease premium is consideration for parting away the right in capital assets, therefore it is capital receipt and cannot be taxed. The head-note reads as under: What is parted with under the terms of the lease deed is the right to exploit the land by extracting clay which right

M/S. SEZ INDORE LIMTED,INDORE vs. THE DCIT CIRCLE -3(1), INDORE

In the result, the appeals filed by the assessee company –

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

68 :- MPAKVN AND SEZ (Indore ) & SEZ Ltd.,Indore that the lease premium is consideration for parting away the right in capital assets, therefore it is capital receipt and cannot be taxed. The head-note reads as under: What is parted with under the terms of the lease deed is the right to exploit the land by extracting clay which right

THE ACIT-3(1), INDORE vs. M/S. MADHYA PRADESH AUDYOGIK KENDRA VIKAS NIGAM (I) LTD., INDORE

In the result, the appeals filed by the assessee company –

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

68 :- MPAKVN AND SEZ (Indore ) & SEZ Ltd.,Indore that the lease premium is consideration for parting away the right in capital assets, therefore it is capital receipt and cannot be taxed. The head-note reads as under: What is parted with under the terms of the lease deed is the right to exploit the land by extracting clay which right

THE ACIT-3(1), INDORE vs. M/S. MADHYA PRADESH AUDYOGIK KENDRA VIKAS NIGAM (I) LTD., INDORE

In the result, the appeals filed by the assessee company –

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

68 :- MPAKVN AND SEZ (Indore ) & SEZ Ltd.,Indore that the lease premium is consideration for parting away the right in capital assets, therefore it is capital receipt and cannot be taxed. The head-note reads as under: What is parted with under the terms of the lease deed is the right to exploit the land by extracting clay which right

THE ACIT-3(1), INDORE vs. M/S. MADHYA PRADESH AUDYOGIK KENDRA VIKAS NIGAM (I) LTD., INDORE

In the result, the appeals filed by the assessee company –

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

68 :- MPAKVN AND SEZ (Indore ) & SEZ Ltd.,Indore that the lease premium is consideration for parting away the right in capital assets, therefore it is capital receipt and cannot be taxed. The head-note reads as under: What is parted with under the terms of the lease deed is the right to exploit the land by extracting clay which right

M/S MADHYA PRADESH AUDYOGIK KENDRA VIKAS NIGAM (INDORE) LTD.,INDORE vs. THE ACIT3(1), INDORE

In the result, the appeals filed by the assessee company –

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

68 :- MPAKVN AND SEZ (Indore ) & SEZ Ltd.,Indore that the lease premium is consideration for parting away the right in capital assets, therefore it is capital receipt and cannot be taxed. The head-note reads as under: What is parted with under the terms of the lease deed is the right to exploit the land by extracting clay which right

M/S MADHYA PRADESH AUDYOGIK KENDRA VIKAS NIGAM (INDORE) LTD.,INDORE vs. THE ACIT3(1), INDORE

In the result, the appeals filed by the assessee company –

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

68 :- MPAKVN AND SEZ (Indore ) & SEZ Ltd.,Indore that the lease premium is consideration for parting away the right in capital assets, therefore it is capital receipt and cannot be taxed. The head-note reads as under: What is parted with under the terms of the lease deed is the right to exploit the land by extracting clay which right