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

Appeals are allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

142 taxmann.com 51 (Delhi) dated 30.05.2022 taking the same view. We re-produce below the order in entirety: “Manmohan, J. - Present appeal has been filed raising the following question of law:- "Whether the ITAT was correct in holding that no TDS under section 194J of the Income-tax Act was required to be deducted by the assessee on payment

NILIMA KOTHARI,INDORE vs. THE INCOME TAX OFFICER, NATIONAL FACELESS ASSTT. CENTRE, INDORE

In the result appeal of the assessee is allowed as per terms indicated above

Bench: Shri Manish Boradsmt. Neelima Kothari, Income Tax Officer, 601, N.R.K. Villas, Delhi Vs. 22/2 Manoramaganj, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Adnpk7832J Assessee By Shri S.S. Deshpande, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 08.08.2024 Date Of Pronouncement 20.09.2024

transfer, either at the time of purchase or at the time of sale of share by the appellant, treatment of LTCG as unexplained credit under section 68 of the Act and confirmation thereof by Ld. CIT(A) is wholly unjustified, improper and bad in law. 06) Section 68: Issue: Burden to prove :- That the Commissioner of Income tax (A) erred

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)

142 taxmann.com 51 (Delhi) dated 30.05.2022 taking the same view. We re-produce below the order in entirety: “Manmohan, J. - Present appeal has been filed raising the following question of law:- "Whether the ITAT was correct in holding that no TDS under section 194J of the Income-tax Act was required to be deducted by the assessee on payment

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)

142 taxmann.com 51 (Delhi) dated 30.05.2022 taking the same view. We re-produce below the order in entirety: “Manmohan, J. - Present appeal has been filed raising the following question of law:- "Whether the ITAT was correct in holding that no TDS under section 194J of the Income-tax Act was required to be deducted by the assessee on payment

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

In the result, appeal of the assessee in ITANo

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

142(1) of the Act along with questionnaire. During the course of assessment proceedings the assessee was confronted with the seized material and after considering the submissions of the assessee assessment was completed on 29.12.2017, assessing the income at Rs. 286,69,615/- treating the assessee to be carrying on business and not charitable activity. Income over expenditure shown

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

In the result, appeal of the assessee in ITANo

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

142(1) of the Act along with questionnaire. During the course of assessment proceedings the assessee was confronted with the seized material and after considering the submissions of the assessee assessment was completed on 29.12.2017, assessing the income at Rs. 286,69,615/- treating the assessee to be carrying on business and not charitable activity. Income over expenditure shown

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

142(1) requiring the assessee to submit clarification/show cause as to why disallowance of claim of depreciation on goodwill as\na result of amalgamation/merger should not be made. The assessee filed its reply dated 30.03.2022. The AO noted that the assessee has claimed depreciation @25% of intangible asset of Rs.29,21,05,207/- shown as goodwill representing the payment over

SEWA SAHKARI SAMMITTEE MARYADIT,BEED, MUNDI KHANDWA vs. PCIT-1, INDORE

In the result, appeal by the assesse is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanisewa Sahkari Sammittee Pr. Cit-2 Maryadit Beed Indore Vs. Beed Mundi Khandwa (Appellant / Assessee) (Revenue) Pan: Aaufs0703N Assessee By Shri Gagan Tiwari, Ar Revenue By Ms. Simran Bhullar, Cit-Dr Date Of Hearing 05.10.2023 Date Of Pronouncement 30.10.2023

price (MSP Samarthan Mulya) & other source is sale of fertilizers to farmers. (2) Please furnish the copy of following documents/detail for the AY 2016-17 (i.e. FY 2015-16). • Income Tax Return Attached for your reference • Computation of Income Attached for your reference Audit report with all annexure Attached for your reference ⚫ Profit & Loss A/c (With Schedule) Attached for your

MAHENDRA SINGH CHAWLA,INDORE vs. DCIT CIRCLE-1(1), INDORE

In the result, the appeal of the assessee is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanimahendra Singh Chawla Dcit Circle -1(1) 4/35 Gram Pigdamber A.B. Indore Road Near Rao Vs. Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aazpc0120C Assessee By None Shri Ashish Porwal, Sr. Dr Revenue By Date Of Hearing 02.09.2024 Date Of Pronouncement 04 .09.2024

142(1) dated 08.11.2019 has recommenced the assessment proceedings and was concluded on 05.12.2019. 3. During assessment proceedings Ld. A.O. observed that the appellant has claimed exemption u/s 54 of the Act on the ground that he has purchased new residential house for Rs. 13985500 as such has required the assessee to justify the said claim. In response to which

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 5 1, BHOPAL , BHOPAL MADHYA PRADESH vs. MAPAEX REMEDIES PVT LTD, BHOPAL MADHYA PRADESH

Appeals are dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

142(1) dated 09.11.2019 & 20.11.2019 during the course of re-assessment proceedings are placed. Ld. AR showed that the assessee filed all details/documents to AO in response to the queries asked for: (i) The initial Agreement dated 22.12.2006 (Page 88-98 of Paper-Book) and Minutes of Meeting dated 18.12.2009 (Page 83-84 of Paper-Book) followed by MOU titled

MS MAPAEX REMEDIES PVT LTD,BHOPAL vs. ACIT 2 (1) BHOPAL, BHOPAL

Appeals are dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

142(1) dated 09.11.2019 & 20.11.2019 during the course of re-assessment proceedings are placed. Ld. AR showed that the assessee filed all details/documents to AO in response to the queries asked for: (i) The initial Agreement dated 22.12.2006 (Page 88-98 of Paper-Book) and Minutes of Meeting dated 18.12.2009 (Page 83-84 of Paper-Book) followed by MOU titled

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE - 5(1), BHOPAL , BHOPAL MADHYA PRADESH vs. MAPAEX REMEDIES PVT LTD, BHOPAL MADHYA PRADESH

Appeals are dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

142(1) dated 09.11.2019 & 20.11.2019 during the course of re-assessment proceedings are placed. Ld. AR showed that the assessee filed all details/documents to AO in response to the queries asked for: (i) The initial Agreement dated 22.12.2006 (Page 88-98 of Paper-Book) and Minutes of Meeting dated 18.12.2009 (Page 83-84 of Paper-Book) followed by MOU titled

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -5(1), BHOPAL , BHOPAL, MADHYA PRADESH vs. MAPAEX REMEDIES PVT. LTD., BHOPAL MADHYA PRADESH

Appeals are dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

142(1) dated 09.11.2019 & 20.11.2019 during the course of re-assessment proceedings are placed. Ld. AR showed that the assessee filed all details/documents to AO in response to the queries asked for: (i) The initial Agreement dated 22.12.2006 (Page 88-98 of Paper-Book) and Minutes of Meeting dated 18.12.2009 (Page 83-84 of Paper-Book) followed by MOU titled

MAPAEX REMEDIES PVT LTD ,BHOPAL vs. THE DCIT -2- (1), BHOPAL , BHOPAL

Appeals are dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

142(1) dated 09.11.2019 & 20.11.2019 during the course of re-assessment proceedings are placed. Ld. AR showed that the assessee filed all details/documents to AO in response to the queries asked for: (i) The initial Agreement dated 22.12.2006 (Page 88-98 of Paper-Book) and Minutes of Meeting dated 18.12.2009 (Page 83-84 of Paper-Book) followed by MOU titled

MS MAPAEX REMEDIES PVT LTD,BHOPAL vs. ACIT 2 (1) BHOPAL, BHOPAL MADHYA PRADESH

Appeals are dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

142(1) dated 09.11.2019 & 20.11.2019 during the course of re-assessment proceedings are placed. Ld. AR showed that the assessee filed all details/documents to AO in response to the queries asked for: (i) The initial Agreement dated 22.12.2006 (Page 88-98 of Paper-Book) and Minutes of Meeting dated 18.12.2009 (Page 83-84 of Paper-Book) followed by MOU titled

M/S. S.R. FERRO ALLOYS,JHABUA vs. THE PCIT, BHOPAL

In the result, the appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanis.R. Ferro Alloys Pr. Cit, Central 9, Siddheswar Colony Bhopal Vs. Jhabua (Appellant / Assessee) (Revenue) Pan: Abhfs7377Q Appellant By Shri Sumit Nema, Sr. Adv. & Gagan Tiwari, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.10.2023 Date Of Pronouncement 09.11.2023

142(1) of the Act which is enclosed with the first questionnaire would proceed to verify only the specific aspects requiring examination/verification. In such cases, all efforts would be made to ensure that assessment proceedings are completed expeditiously in minimum possible number of hearings without unnecessarily dragging the case till the time- barring date." 6. A bare reading

HASSANAND KHEMLANI,INDORE vs. THE PCIT-1 ,INDORE, INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

142(1) of the Act dated 04.06.2018. 11. Upon examination of the records, the Ld. AO accepted the market value of the property owned by the assessee admeasuring 675 sq. mtr. at Rs.1,13,244/- per sq.mtr. and the exchanged property owned by Hasanand Khemlani admeasuring 1381.68 sq.mtr. i.e. Rs.55,324/- per sq. mtr. thereby accepting the valuation of both

KALPANA JAIN,INDORE vs. THE PR CIT-1, INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

142(1) of the Act dated 04.06.2018. 11. Upon examination of the records, the Ld. AO accepted the market value of the property owned by the assessee admeasuring 675 sq. mtr. at Rs.1,13,244/- per sq.mtr. and the exchanged property owned by Hasanand Khemlani admeasuring 1381.68 sq.mtr. i.e. Rs.55,324/- per sq. mtr. thereby accepting the valuation of both