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82 results for “transfer pricing”+ Section 10(35)clear

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Key Topics

Section 271D182Section 143(3)100Section 8093Section 269S78Section 14757Addition to Income48Section 153A36Section 80I35Disallowance31

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

Appeal is allowed

ITA 35/IND/2022[2013-14]Status: DisposedITAT Indore31 Jan 2023AY 2013-14

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

Section 143(3)Section 147Section 80

price of Rs. 42,00,000/- shown in registered-deed and thus made an addition of Rs. 27,52,340/- on account of undisclosed income. The Ld. AO further observed that the assessee had actually received a sum of Rs. 62,00,000/- from Shri Amar Singh [which is disclosed as “Advance for booking” in books of account

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

Appeal is allowed

ITA 24/IND/2022[2017-18]Status: DisposedITAT Indore31 Jan 2023

Showing 1–20 of 82 · Page 1 of 5

Deduction30
Section 6828
Survey u/s 133A16
AY 2017-18

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

Section 143(3)Section 147Section 80

price of Rs. 42,00,000/- shown in registered-deed and thus made an addition of Rs. 27,52,340/- on account of undisclosed income. The Ld. AO further observed that the assessee had actually received a sum of Rs. 62,00,000/- from Shri Amar Singh [which is disclosed as “Advance for booking” in books of account

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

Appeal is allowed

ITA 37/IND/2022[2017-18]Status: DisposedITAT Indore31 Jan 2023AY 2017-18

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

Section 143(3)Section 147Section 80

price of Rs. 42,00,000/- shown in registered-deed and thus made an addition of Rs. 27,52,340/- on account of undisclosed income. The Ld. AO further observed that the assessee had actually received a sum of Rs. 62,00,000/- from Shri Amar Singh [which is disclosed as “Advance for booking” in books of account

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

Appeal is allowed

ITA 36/IND/2022[2014-15]Status: DisposedITAT Indore31 Jan 2023AY 2014-15

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

Section 143(3)Section 147Section 80

price of Rs. 42,00,000/- shown in registered-deed and thus made an addition of Rs. 27,52,340/- on account of undisclosed income. The Ld. AO further observed that the assessee had actually received a sum of Rs. 62,00,000/- from Shri Amar Singh [which is disclosed as “Advance for booking” in books of account

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

Appeal is allowed

ITA 34/IND/2022[2012-13]Status: DisposedITAT Indore31 Jan 2023AY 2012-13

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

Section 143(3)Section 147Section 80

price of Rs. 42,00,000/- shown in registered-deed and thus made an addition of Rs. 27,52,340/- on account of undisclosed income. The Ld. AO further observed that the assessee had actually received a sum of Rs. 62,00,000/- from Shri Amar Singh [which is disclosed as “Advance for booking” in books of account

COMPUTER SCIENCES CORPORATION INDIA PRIVATE LIMITED,CHENNAI vs. ACIT, CHENNAI

ITA 1654/CHNY/2011[2007-08]Status: DisposedITAT Indore06 Oct 2023AY 2007-08

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 10ASection 143(2)Section 143(3)Section 144C(5)Section 14ASection 92C

Transfer Pricing Regulations talk of individual transactions to be benchmarked. He submitted that the assessee made claim of ‘entity-level’ comparison before DRP also, but the DRP has over-ruled assessee’s claim with reasoning. Referring to Page 10 and 11 of DRP order, Ld. DR emphasized the reasoning given by DRP, Page 19 of 47 Computer Sciences Corporation India

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

ITA 159/IND/2015[2010-11]Status: DisposedITAT Indore17 Oct 2024AY 2010-11
Section 143(2)Section 143(3)Section 80Section 801B(10)Section 80I

price. There is\nno merit in Assessing Officer's contention in so far as the buyers having\nincurred any expenditure on construction of said flats during the year under\nconsideration and the assessee is a developer and builder since inception,\nwhich has not only been accepted by the Department but also by the Tribunal\nin its order dated 19/12/2006

M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. ACIT CENTRAL-II, BHOPAL

In the result, appeal of the assessee in ITANo

ITA 548/IND/2019[2010-11]Status: DisposedITAT Indore13 Oct 2021AY 2010-11

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing

Section 12ASection 132Section 143(2)Section 148Section 37

10. Ld. Departmental Representative(DR) apart from relying on Shri Jairam Education Society ITA No.90 & 548/Ind/2019 the detailed finding of Ld. CIT(A) as also referred to the following written submissions placed on record: 4.2) In support of grounds of appeal, the appellant has taken plea that CBDT notification no. 52 and 53 dt. 22110/2014 makes it clear that

M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. PR. CIT (CENTRAL), BHOPAL

In the result, appeal of the assessee in ITANo

ITA 90/IND/2019[-]Status: DisposedITAT Indore13 Oct 2021

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing

Section 12ASection 132Section 143(2)Section 148Section 37

10. Ld. Departmental Representative(DR) apart from relying on Shri Jairam Education Society ITA No.90 & 548/Ind/2019 the detailed finding of Ld. CIT(A) as also referred to the following written submissions placed on record: 4.2) In support of grounds of appeal, the appellant has taken plea that CBDT notification no. 52 and 53 dt. 22110/2014 makes it clear that

M/S. BRIDGESTONE INDIA PVT. LTD.,PUNE vs. THE ACIT NFAC, DELHI

In the result, appeal of assessee is partly allowed

ITA 84/IND/2022[2017-18/]Status: DisposedITAT Indore17 Jul 2023

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanibridgestone India Pvt. Ltd. Acit (Nfac) Plot No.A-43, Phase-Ii, Delhi Midc Chakan, Village Vs. Sawardari, Taluka Khed, Pune (Appellant / Assessee) (Respondent/ Revenue) Pan: Aabcb 2304 E Assessee By Shri Sukhsagar Syal, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 23.05.2023 Date Of Pronouncement 17.07.2023

Section 143(3)Section 144C(13)Section 144C(5)Section 43(1)

35,99,09,783 as a capital receipt and being covered by Explanation 10 to section 43(1) of the Act.. 2. The Ld. AO and Hon'ble DRP erred in making an addition of INR 4,49,15,331 (gross subsidy of INR 5,07,64,000, reduced by depreciation of INR 58,48,669) in respect

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

ITA 244/IND/2017[2012-13]Status: DisposedITAT Indore25 Jan 2023AY 2012-13

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S. S. Deshpande, CAFor Respondent: Shri P.K. Mishra, CIT-DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

35 addition of Rs.2.00 crores paid to Narayan & Ambuja Infrastructure, this is an amount advanced by the said party to the assessee through the bank channel; that the same was considered and accepted by the AO for earlier assessment years; that accounts of both the parties were furnished before the AO, and therefore, there is no justification

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

ITA 309/IND/2017[2013-14]Status: DisposedITAT Indore25 Jan 2023AY 2013-14

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S. S. Deshpande, CAFor Respondent: Shri P.K. Mishra, CIT-DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

35 addition of Rs.2.00 crores paid to Narayan & Ambuja Infrastructure, this is an amount advanced by the said party to the assessee through the bank channel; that the same was considered and accepted by the AO for earlier assessment years; that accounts of both the parties were furnished before the AO, and therefore, there is no justification

JCIT(OSD),-2(1),INDORE, INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

ITA 441/IND/2018[2014-15]Status: DisposedITAT Indore25 Jan 2023AY 2014-15

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S. S. Deshpande, CAFor Respondent: Shri P.K. Mishra, CIT-DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

35 addition of Rs.2.00 crores paid to Narayan & Ambuja Infrastructure, this is an amount advanced by the said party to the assessee through the bank channel; that the same was considered and accepted by the AO for earlier assessment years; that accounts of both the parties were furnished before the AO, and therefore, there is no justification

THE ADDL. CIT RANGE -1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

ITA 227/IND/2021[2015-16]Status: DisposedITAT Indore30 Jan 2023AY 2015-16

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

For Appellant: Shri Ajay Tulsian, CA &For Respondent: Shri P.K. Mishra, CIT, DR
Section 147

10 were allotted p at a premium of Rs. 40 per shares on 06.06.2012 on preferential basis after getting in principle approval from the Madhya Pradesh, Pune and Ahmadabad Stock Exchange. It is further submitted that both the companies i.e. M/s Malwa Trexim Pvt. Ltd. and M/s Ahilya Trading Pvt. Ltd. were the existing share holder of the company

THE ACIT ,CENTRAL-1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

ITA 226/IND/2021[2012-2013]Status: DisposedITAT Indore30 Jan 2023AY 2012-2013

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

For Appellant: Shri Ajay Tulsian, CA &For Respondent: Shri P.K. Mishra, CIT, DR
Section 147

10 were allotted p at a premium of Rs. 40 per shares on 06.06.2012 on preferential basis after getting in principle approval from the Madhya Pradesh, Pune and Ahmadabad Stock Exchange. It is further submitted that both the companies i.e. M/s Malwa Trexim Pvt. Ltd. and M/s Ahilya Trading Pvt. Ltd. were the existing share holder of the company

THE ACIT,CENTRAL-1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

ITA 235/IND/2021[2011-12]Status: DisposedITAT Indore30 Jan 2023AY 2011-12

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

For Appellant: Shri Ajay Tulsian, CA &For Respondent: Shri P.K. Mishra, CIT, DR
Section 147

10 were allotted p at a premium of Rs. 40 per shares on 06.06.2012 on preferential basis after getting in principle approval from the Madhya Pradesh, Pune and Ahmadabad Stock Exchange. It is further submitted that both the companies i.e. M/s Malwa Trexim Pvt. Ltd. and M/s Ahilya Trading Pvt. Ltd. were the existing share holder of the company

SHRI RAM BABU SINGH,INDORE vs. DCIT 1(1), BHOPAL

In the result appeal of the assessee is dismissed

ITA 328/IND/2023[2010-11]Status: DisposedITAT Indore23 Jul 2024AY 2010-11

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Ram Babu Singh, Dcit-1(1) C/O Sv Agrawal & Associates, Bhopal Dadi Dham, 24, Joy Builders Colony, Vs. Near Rafael Tower, Old Palasia, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aelps9945K Assessee By S/Shri Ashish Goyal & N.D. Patwa, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 15.05.2024 & 03.07.2024 Date Of Pronouncement 23 .07.2024

Section 250Section 271(1)(c)Section 80I

Transfer of Property act. It is also admitted fact that the appellant had not got any document registered for the sale of a residential unit. Thus, the appellant had not earned income on account of sale of residential unit as envisaged in section 801B(10) because the Page 8 of 14 ITANo.328/Ind/2023 Ram Babu Singh appellant after selling the plots

SADHU RAM BALANI,INDORE vs. ITO-5(1), INDORE, INDORE

ITA 470/IND/2023[2014-15]Status: HeardITAT Indore24 Sept 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanisadhu Ram Balani Ito-5(1) Flat No.B-503, Moti Mahal Indore Apartment 28-A, Sector-C Vs. Scheme No.71, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Abspb5367L Assessee By Shri S.N. Agrawal, Ar Shri Ashish Porwal, Sr. Dr Revenue By Date Of Hearing 04.09.2024 Date Of Pronouncement 24.09.2024

Section 10(38)Section 132Section 133A

transferred in the name of the assessee dated 10.10.2011 placed at page no.87 & 88 of the paper book as under: Page 11 of 51 ITANo.470/Ind/2023 Sadhuram Balani Page 12 of 51 ITANo.470/Ind/2023 Sadhuram Balani 5.2 These shares were then dematerialized in the de-mat account of the assessee with M/s Arihant Capital Market Ltd. placed at page no.89

THE ACIT, CENTRAL-1, INDORE vs. M/S. MANISH AGRO TECH PVT. LTD., INDORE

In the result grounds of revenue for A

ITA 219/IND/2021[2015-16]Status: DisposedITAT Indore30 Jan 2023AY 2015-16

Bench: Shri Chandra Mohan Garg & Shri Bhagirath Mal Biyani

For Appellant: Shri Ruchira SinghalFor Respondent: Shri P.K Mishra, CIT (DR)

35 to 78 of the case law PB. It is pertinent to mention that in this case also assessments were reopened subsequent to the search and survey conducted by the Investigation Wing Ahmedabad on 18.12.2014 and the assessee Ms GRD Commodities Ltd. was covered under section 1334. On Cross Objection Nos.5 & 6/Ind/2020 Assessment Years: 2012-13 & 2015-16 the identical

THE ACIT, CENTRAL-1, INDORE vs. M/S. MANISH AGRO TECH PVT. LTD., INDORE

In the result grounds of revenue for A

ITA 218/IND/2021[2012-13]Status: DisposedITAT Indore30 Jan 2023AY 2012-13

Bench: Shri Chandra Mohan Garg & Shri Bhagirath Mal Biyani

For Appellant: Shri Ruchira SinghalFor Respondent: Shri P.K Mishra, CIT (DR)

35 to 78 of the case law PB. It is pertinent to mention that in this case also assessments were reopened subsequent to the search and survey conducted by the Investigation Wing Ahmedabad on 18.12.2014 and the assessee Ms GRD Commodities Ltd. was covered under section 1334. On Cross Objection Nos.5 & 6/Ind/2020 Assessment Years: 2012-13 & 2015-16 the identical