THE DCIT,1(1), INDORE vs. M/S. RITSPIN SYNTHETICS LTD., PITHAMPUR

In the result, the appeal filed by the Department is allowed for statistical purposes, in terms indicated above, and the cross-objections filed by the assessee are dismissed as not pressed

Bench: Shri Siddhartha Nautiyal & Shri Bhagirath Mal Biyani

sections 68 and 69C of the Act, primarily on the premise that the unsecured loans received by the assessee was repaid in the same or subsequent financial years and that interest thereon was paid after deduction of tax at source. The learned CIT(A) has accepted the assessee’s explanation and deleted the additions by placing reliance, inter alia

RECONNECT ENERGY SOLUTION P LT,BENGALURU vs. THE DCIT 4(1) INDORE, INDORE

In the result, the appeal of assesse is partly allowed for statistical purposes

Bench: Shri Vijay Pal Raoreconnect Energy Solution Ltd. Dcit 1(4) No.22, Vk Kalyani, 7Th Floor Indore Vs. Sankey Road, Bengaluru (Appellant / Assessee) (Revenue) Pan: Aafcr 0074 H Assessee By Shri Anil Khandelwal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 16.11.2023 Date Of Pronouncement 06.12.2023

section 68 of the Act that if the assessee has explained the identity and capacity of the investor as well as the genuineness of the transactions then the addition cannot be made. Accordingly when the assessee itself has given the fair market value which was considered by the AO while making addition of the excess amount of premium over

M/S. ARIHANT CHERITABLE TRUST,INDORE vs. THE ITO (TDS)-1, INDORE

In the result, we find no force in the ground of the Revenue, hence dismissed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year:2015-16

TDS, Coimbatore [I.T.A. No. 2710/Mum/2015] vide order dated 01-03-2018 has held that: [Page No. 62-67] “5………………..The issue to be decided is as to whether the work carried out by the assessee would fall in the category of technical services as envisaged by the provisions of section 9 of the Act. Technical services mean any consideration paid

THE DCIT1(1), INDORE vs. SHRI RAVI ARORA, INDORE

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year:2011-12 Dcit-5(1), Shri Ravi Arora, Indore 1007, Khatiwala Tank, बनाम/ 236, Indraprasth Tower, 6, M.G. Road, Vs. Indore. (Revenue / Appellant) (Assessee / Respondent) Pan: Agdpa8921H Assessee By Shri Yash Kukreja, Ca & Shri Hitesh Chimnani, Adv & Ld. Ars Revenue By Shri P.K.Mishra, Cit Dr Date Of Hearing 04.05.2023 Date Of Pronouncement 31.07.2023

section 68 does not permit any addition qua the opening balances which are carried forward from earlier year and not accepted during the year. Ld. CIT(A) has rightly taken into account the decision of (i) Hon'ble Delhi High Court in case of CIT vs. Usha Stud Farms (301 ITR 384), (ii) Shri Vardhman Overseas Page

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

TDS on several other payments made during the year and consequently, no disallowance was called for under Section 40(a)(ia) of the Act. 9.1 We further find that the Co-ordinate Bench in the case of the assessee itself for the A.Y. 2009-10 vide order dated 10.11.2014 approved the net profit rate of 5% in the business carried

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

TDS on several other payments made during the year and consequently, no disallowance was called for under Section 40(a)(ia) of the Act. 9.1 We further find that the Co-ordinate Bench in the case of the assessee itself for the A.Y. 2009-10 vide order dated 10.11.2014 approved the net profit rate of 5% in the business carried

THE ACIT, CENTRAL-1, INDORE vs. M/S SURYA INFRA VENTURE PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

TDS on several other payments made during the year and consequently, no disallowance was called for under Section 40(a)(ia) of the Act. 9.1 We further find that the Co-ordinate Bench in the case of the assessee itself for the A.Y. 2009-10 vide order dated 10.11.2014 approved the net profit rate of 5% in the business carried

ACIT CENTTRAL -2 INDORE, INDORE vs. M/S KALYAN TOLL INFRASTRUCTURE LTD, INDORE

Accordingly ground no. 2 of the cross objection stands allowed

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year:2013-14 Dcit Central-2, M/S Kalyan Toll Infrastructure Indore Ltd., Indore बनाम/ (Appellant) (Respondent ) Vs. P.A. No.Aacck1840M

section 68 the credits in the books of the assessee, which are ITA No.13 of 2021 and CO 50 of 2021 16 unexplained are deemed to be income of the assessee. Therefore, it has necessarily to follow that such income can be deemed as income only of the year in which such amount is actually received by the assessee

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

TDS certificates, Self Assessment tax Challan already submitted on 2ih Aug 2013, enclosed again now. Further the tax is already appearing in the form 26as of the assessee so same can be verified from there. (Copy enclosed) 10.Please provide the copies of the Chalan of Bonus, Vat Tax, C.S.T paid in Head Office and Professional Tax, Bonus and Service Taxes

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

TDS certificates, Self Assessment tax Challan already submitted on 2ih Aug 2013, enclosed again now. Further the tax is already appearing in the form 26as of the assessee so same can be verified from there. (Copy enclosed) 10.Please provide the copies of the Chalan of Bonus, Vat Tax, C.S.T paid in Head Office and Professional Tax, Bonus and Service Taxes

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

TDS certificates, Self Assessment tax Challan already submitted on 2ih Aug 2013, enclosed again now. Further the tax is already appearing in the form 26as of the assessee so same can be verified from there. (Copy enclosed) 10.Please provide the copies of the Chalan of Bonus, Vat Tax, C.S.T paid in Head Office and Professional Tax, Bonus and Service Taxes

THE DCIT, 1(1), INDORE vs. M/S. MODERN LABORATORIES, INDORE

In the result, the CO of the assessee is partly allowed

Bench: Shri C.M.Garg & Shri O.P.Meenaआ.अ.सं./ ./ ./ I.T.A. No.277 & Co.16/Ind/2014 ./ "नधा"रण वष" /Assessment Year:2008-09

TDS made. In remand report proceedings, the AO issued notice under section 133(6) to these against who appeared before the AO and admitted of rendering services as a receipt of commission from the assessee. We also note that the MPLUN was nodal agency for supply of goods but was not charge as commission instead it was charging service charges

ACIT 2 (1), INDORE vs. M/S JILA INDUSTRIES LTD, DHAR

In the result this appeal of Revenue is dismissed

Bench: Ms.Suchitra R.Kamble & Shri Bhagirath Mal Biyanivirtual Hearing Assessment Year: 2010-11 Acit-2(1), Indore M/S. Jiji Industries Ltd., (Formerly Known As बनाम/ Krishna Profiles Pvt. Ltd.), Vs. Plot No.316, Sejwaya, Billod, Dhar (Mp) (Appellant) (Respondent ) P.A.N. - Aacck 1383 M Revenue By Shri P.K. Mitra, Cit-Dr Respondent By Shri S.S. Deshpande, Ca Date Of Hearing: 02.02.2022 Date Of Pronouncement: 25.02.2022

section 5, no income accrues or arises or deemed to accrue or arise in India on the payments made in USA by branch there. Therefore, the payments made abroad cannot be considered as income chargeable under the provisions of the Act.” Hence, in light of 8 Jiji Industries Ltd. (formerly known as Krishna Profiles P. Ltd.) the above, the appellant

THE ACIT (CENTRAL) II, BHOPAL vs. M/S SIGNATURE BUILDERS, BHOPAL

In the result, this appeal of revenue is dismissed

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

68,960/-) due to oversight. Further, in Para No. 3 / Page No. 1 of the remand-report, the Ld. AO has once again reported that TDS was not deducted out of the payment of Rs. 1,07,675/-. Thus, there is a factual finding of non-deduction of TDS out of the expenditure of Rs. 1,07,675/- available

ACIT CENTRAL-2, INDORE vs. SARTHAK INNOVATION (P) LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

68,732/- 18 3. Shri Utpal Goyal 1,31,868/- 18 4. Shri Narendra Barta 8,58,336/- 16 Total 45,65,847/- 5. According to the Ld. AO, such excess interest to the persons covered under Section 40A(2)(b) of the Act was not available in terms of the provisions of the said Section and thus restricted

DCIT CENTRAL-1, INDORE vs. SARTHAK INNOVATION (P) LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

68,732/- 18 3. Shri Utpal Goyal 1,31,868/- 18 4. Shri Narendra Barta 8,58,336/- 16 Total 45,65,847/- 5. According to the Ld. AO, such excess interest to the persons covered under Section 40A(2)(b) of the Act was not available in terms of the provisions of the said Section and thus restricted

ACIT CENTRAL-2, INDORE vs. SARTHAK INNOVATION (P) LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

68,732/- 18 3. Shri Utpal Goyal 1,31,868/- 18 4. Shri Narendra Barta 8,58,336/- 16 Total 45,65,847/- 5. According to the Ld. AO, such excess interest to the persons covered under Section 40A(2)(b) of the Act was not available in terms of the provisions of the said Section and thus restricted

THE DY. CIT 4(1), INDORE vs. M/S. VIJAYSHRI PACKAGING LTD. , INDORE

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year: 2015-16 M/S. Vijayshri Packaging Dcit-4(1), Vs. Limited, 34-C/2, Industrial Estate Laxmi Indore Bai Nagar, Indore (Revenue ) (Appellant) Pan No.Aabcv0048B C.O.No.11/Ind/2020 Assessment Year: 2015-16 M/S. Vijayshri Packaging Vs. Dcit-4(1), Limited, 34-C/2, Industrial Estate Indore Laxmi Bai Nagar, Indore (Appellant) (Revenue ) Pan No. Aabcv0048B Revenue By Shri Lal Chand, Cit Appellant By S/Shri Ajay Tulsiyan & Ranjan Agrawal, Cas Date Of Hearing 12.01.2021 Date Of Pronouncement 09.02.2021 O R D E R

TDS of Rs.27,000/- has been deducted and reflected in the computation of income. Establishing identity, genuineness and creditworthiness is not applicable as transaction is repayment of loan given and not loan taken. Para 5.4 – Page 16 Thus, Proviso to Section 68