M/S. ANDRITZ HYDRO PRIVATE LIMITED (EARLIER KNOWN AS VA TECH HYDRO INDIA PRIVATE LIMITED),BHOPAL vs. THE DCIT 1(1), BHOPAL

In the result, grounds taken by the assessee in all the years with respect to provision of warranty are allowed

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

section 92C (2), it was claimed that the transaction is within tolerance band of +/-5% Margin. 2.6.1. We find that there is no dispute between TPO and the assessee as regards the method, which is CPM and benchmarking based on internal comparable. The only dispute whether the assessee has justified for considering the aggregation of all the projects with

THE ACIT, 1(1), BHOPAL vs. M/S. ANDRITZ HYDRO PVT. LTD., RAISEN

In the result, grounds taken by the assessee in all the years with respect to provision of warranty are allowed

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

section 92C (2), it was claimed that the transaction is within tolerance band of +/-5% Margin. 2.6.1. We find that there is no dispute between TPO and the assessee as regards the method, which is CPM and benchmarking based on internal comparable. The only dispute whether the assessee has justified for considering the aggregation of all the projects with

ACIT 5 (1), BHOPAL vs. M/S VINDHYA SOLVENT PVT. LTD., BHOPAL

In the result, Revenue’s appeal is dismissed

Bench: Ms. Madhumita Roy& Shri Bhagirath Mal Biyani

price would have become taxable in the hands of the Appellant's shareholder Conclusion 1.37. In view of the factual and legal position discussed above, it is submitted that the addition of Rs. 114,41,91,146 made under section 56(2)(viib) of the IT Act, is bad in law and merits to be quashed for the following reasons

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

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

114 of his order:- (i) “The extensive and elaborate enquiries have proved that the asseseee has made unaccounted cash payments for the purchase of lands to the sellers over and above the registered sale consideration IT(SS)A No.83,84,86,87,90,91,109,110 & ITA, No.922 &923/Ind/2019 AG8 Ventures Ltd. (ii) The statements of sellers /farmers have been

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

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

114 of his order:- (i) “The extensive and elaborate enquiries have proved that the asseseee has made unaccounted cash payments for the purchase of lands to the sellers over and above the registered sale consideration IT(SS)A No.83,84,86,87,90,91,109,110 & ITA, No.922 &923/Ind/2019 AG8 Ventures Ltd. (ii) The statements of sellers /farmers have been

PRITESH JAIN HUF,INDORE vs. ITO 4 (2), INDORE

In the result Ground No.2 of the assessee’s

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

section was properly and rightly claimed, which is prayed to be now allowed. 30. Your Honor’s attention is drawn to the order dt.14-12-09 of the Jurisdictional Tribunal in the case of Arzoo Anand vs JCIT in appeal no. ITA No.113 of 2009 for the AY 05-06, which decision subsequently has also been approved by the Honourable Jurisdictional High

SHRI NILESH JAIN HUF,INDORE vs. ITO 4(2), INDORE

In the result Ground No.2 of the assessee’s

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

section was properly and rightly claimed, which is prayed to be now allowed. 30. Your Honor’s attention is drawn to the order dt.14-12-09 of the Jurisdictional Tribunal in the case of Arzoo Anand vs JCIT in appeal no. ITA No.113 of 2009 for the AY 05-06, which decision subsequently has also been approved by the Honourable Jurisdictional High

SHRI ABHISHEK GUPTA,INDORE vs. ITO-5(5), INDORE

In the result, this appeal of assessee is dismissed

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

Transfer in Single Scrip of M/s Turbo Tech Engineers Ltd. 6. That on the fact and in the circumstances of the case, the learned CIT (A) has erred in confirming the action of AO regarding addition of the Notional Commission calculated on such Share Transaction without any evidence to whom paid. 7. That the appellant reserves its right

SACHCHIDANAND TRIPATHI ,BHOPAL vs. ITO 5(2) BHOPAL, BHOPAL

In the result, Appeal of the Assessee in ITANo

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Boradassessment Year:2014-15 Sachchidanand Tripati Ito 5(2) Bhopal Bhopal बनाम/ (Appellant) (Respondent ) Vs. P.A. No.Aampt3788N Appellant By Shri S.S. Deshpande, Ar Respondent By Shri Amit Soni, Sr.Dr Date Of Hearing: 12.11.2021 Date Of Pronouncement: 06.12.2021 आदेश / O R D E R Per Manish Borad: The Above Captioned Appeal At The Instance Of Assessee Is Directed Against The Order Of Ld. Commissioner Of Income Tax(Appeals)-2, (In Short ‘Cit(A)’), Bhopal Dated 01.05.2019 Which Are Arising Out Of The Order U/S 271B Of The Income Tax Act 1961(In Short The ‘Act’) Dated 26.05.2017 Framed By Ito-5(2) Bhopal.

price of the commodities received by an assessee during the course of his trading or business activities. It does not differentiate between commodities sold under the head speculative business/ normal business. Transfer of immovable or movable property by way of investment is not included by the provisions of the section 44AB of the Act. Provisions of the Act are clear

THE ACIT, CENTRAL-2, INDORE vs. M/S. SHAKTI PUMPS (INDIA) LTD., INDORE

Bench: Ms. Madhumita Roy & Shri B.M. Biyani(Virtual Hearing) Assessment Year: 2010-11 Acit (Central)-2, Shakti Pumps (India) Ltd. Indore 226, Shastri Market, बनाम/ M.G. Road, Vs. Indore (Appellant / Revenue) (Respondent / Assessee) Pan: Aaecs 5027 L Revenue By Shri P.K. Mishra, Cit-Dr Assessee By Ms. Nisha Lahoti & Vijay Bansal, Ars Date Of Hearing 23/11/2022 / 22.02.2023 Date Of Pronouncement 26.04.2023

114 of the paper book. The Assessing Officer being satisfied with the explanation and after examining the same from the details furnished, has accepted the explanation of expenses. Thus we find that the Commissioner of Income-tax was not justified in observing that the difference in proportion of expenses and consequently in the proportion of net profit in different units

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

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

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

section 145(3) of the Act. He accordingly reversed the action of the AO in rejecting the books of accounts of the assessee by holding that the AO was not correct in rejecting the books of accounts. Thereafter, the ld.CIT(A) deleted additions made on account of estimation of gross profit in the transactions of sale of gold and silver

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

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

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

section 145(3) of the Act. He accordingly reversed the action of the AO in rejecting the books of accounts of the assessee by holding that the AO was not correct in rejecting the books of accounts. Thereafter, the ld.CIT(A) deleted additions made on account of estimation of gross profit in the transactions of sale of gold and silver

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

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

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

section 145(3) of the Act. He accordingly reversed the action of the AO in rejecting the books of accounts of the assessee by holding that the AO was not correct in rejecting the books of accounts. Thereafter, the ld.CIT(A) deleted additions made on account of estimation of gross profit in the transactions of sale of gold and silver

DECENT INDUSTRIES P. LTD.,BHOPAL vs. ITO-1(2), BHOPAL

Appeal is partly allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani(Virtual Hearing) Assessment Year: 2012-13 M/S Decent Industries Ito-1(2), Private Ltd, Bhopal 5Th Floor, Corporate Park, बनाम/ Db City Area Hills, Vs. Opp. M.P. Nagar Zone I, Bhopal (Assessee/Appellant) (Revenue/Respondent) Pan: Aaeca6271G Assessee By Ms. Shilpa Gupta & Shri N.K. Gupta Revenue By Shri V.K. Singh, Cit-Dr Date Of Hearing 04.06.2024 Date Of Pronouncement 20.08.2024

price of Rs. 1,000/- (inclusive of premium of Rs. 990/- per share) to two ‘Kolkata-based shell companies’ named M/s Ajay Software Pvt. Ltd. [“A”] and M/s Jay Hind Financial Advisors Ltd. [“J”] on 31.03.2012 and received proceeds of Rs. 66,91,70,000/- in financial year 2011-12 relevant to AY 2012-13 under consideration. The details

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

price of an out and out sale of the property and the sum received is capital and not income, but rent or royalty paid periodically is income. The principle is the same, whether the premium is for a simple lease of mineral rights. But royalty payable under the mining lease stands on a different footing from premium or salami

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

price of an out and out sale of the property and the sum received is capital and not income, but rent or royalty paid periodically is income. The principle is the same, whether the premium is for a simple lease of mineral rights. But royalty payable under the mining lease stands on a different footing from premium or salami

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

price of an out and out sale of the property and the sum received is capital and not income, but rent or royalty paid periodically is income. The principle is the same, whether the premium is for a simple lease of mineral rights. But royalty payable under the mining lease stands on a different footing from premium or salami

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

price of an out and out sale of the property and the sum received is capital and not income, but rent or royalty paid periodically is income. The principle is the same, whether the premium is for a simple lease of mineral rights. But royalty payable under the mining lease stands on a different footing from premium or salami