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20 results for “transfer pricing”+ Section 36(1)(viii)clear

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Key Topics

Section 143(3)51Section 8047Section 6820Addition to Income18Section 10(38)15Section 12A14Section 14713Section 153A12Deduction12

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

transferring PAN of the assesse society from DCIT(E), Bhopal to ACIT(central) -2 Bhopal. Once the PAN is migrated then CIT(E) seize to have any jurisdiction over the assessee with regard to any of proceedings under the Act. We accordingly dismiss the additional grounds raised by the assessee. Shri Jairam Education Society ITA No.90 & 548/Ind/2019 15. Apropos

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

In the result, appeal of the assessee in ITANo

Section 143(2)8
Exemption8
Disallowance7
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

transferring PAN of the assesse society from DCIT(E), Bhopal to ACIT(central) -2 Bhopal. Once the PAN is migrated then CIT(E) seize to have any jurisdiction over the assessee with regard to any of proceedings under the Act. We accordingly dismiss the additional grounds raised by the assessee. Shri Jairam Education Society ITA No.90 & 548/Ind/2019 15. Apropos

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

ITA 1358/IND/2016[2010-11]Status: DisposedITAT Indore26 Apr 2023AY 2010-11

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

Section 10ASection 143(2)Section 143(3)Section 145Section 263

transfer of goods or services. 2.29 The contention of the appellant are found to be correct in as much as that the Ld. AO has passed the assessment order u/s 143(3) but has approached on an estimation basis which is arbitrary, adhoc and devoid of any basis. The Ld. AO is free to resort to making assessment

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

1 kgm Silver bar was sold with a profit in the range of Rs. 500'/- to Rs 800/- during the reference year. In view of the above, gross profit earned on sale of per Silver bar is determined at Rs. 800/- In this regard the reply given for Gross Profit estimation in case of Gold KG Bars is equally applicable

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

1 kgm Silver bar was sold with a profit in the range of Rs. 500'/- to Rs 800/- during the reference year. In view of the above, gross profit earned on sale of per Silver bar is determined at Rs. 800/- In this regard the reply given for Gross Profit estimation in case of Gold KG Bars is equally applicable

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

1 kgm Silver bar was sold with a profit in the range of Rs. 500'/- to Rs 800/- during the reference year. In view of the above, gross profit earned on sale of per Silver bar is determined at Rs. 800/- In this regard the reply given for Gross Profit estimation in case of Gold KG Bars is equally applicable

VAISHALI DEVELOPERS AND BUILDERS ,BHOPAL vs. INCOME TAX OFFICER -1(2), BHOPAL

Appeals are allowed

ITA 27/IND/2024[2009-10]Status: DisposedITAT Indore24 Feb 2025AY 2009-10

Bench: Shri B.M. Biyani & Shri Udayan Das Gupta

Section 143(3)Section 80

36 (Appeal Memo) and accordingly claims that the present appeal has been filed within the prescribed period of 60 days. Shri Harsh Malhotra, partner of assessee-firm, has filed an affidavit on Page 146 of Paper-Book of AY 2007-08 / Page 165 of Paper-Book of AY 2009-10, making a solemnised averment that the impugned order was served

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

ITA 212/IND/2020[2011-12]Status: DisposedITAT Indore31 Jul 2023AY 2011-12

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 143(2)Section 143(3)Section 40A(3)Section 68

viii) copy of ledger account of loan creditors in the books of the assessee firm for the year of repayment along with copy of bank statement from where the amount of repayment has been made and (ix) copy of TDS certificate for TDS made on interest paid to the parties. It was, therefore, submitted that the assessee firm duly discharged

VAISHALI DEVELOPERS ANDBUILDERS,BHOPAL vs. INCOME TAX OFFICER 1 (2), BHOPAL

Appeals are allowed

ITA 26/IND/2024[2007-08]Status: DisposedITAT Indore24 Feb 2025AY 2007-08
Section 143(3)Section 80

36 (Appeal Memo) and accordingly claims that the\npresent appeal has been filed within the prescribed period of 60 days. Shri\nHarsh Malhotra, partner of assessee-firm, has filed an affidavit on Page 146\nof Paper-Book of AY 2007-08 / Page 165 of Paper-Book of AY 2009-10,\nmaking a solemnised averment that the impugned order was served

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

Appeal is partly allowed

ITA 356/IND/2023[2012-13]Status: DisposedITAT Indore20 Aug 2024AY 2012-13

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

Section 133ASection 143(2)Section 147Section 148Section 14ASection 68

transfer to assessee. Thus, entire modus operandi was adopted to pump undisclosed income of the assessee. The AO also observed that the assessee has claimed to have collected identical share premium in Page 18 of 44 M/s Decent Industries Pvt. Ltd ITA No. 356/Ind/2023 – AY 2012-13 preceding year but such fact cannot be a basis to discharge the burden

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 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 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

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

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 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

MOHANLAL KHANDELWAL,INDORE vs. THE ITO-4(1), INDORE

In the result, all the captioned appeals filed by different

ITA 8/IND/2019[2014-15]Status: DisposedITAT Indore25 Jun 2021AY 2014-15

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

Section 10(38)Section 143(3)Section 68

1) The Genuineness of transaction was sought to be proved before the Revenue with help of following evidences:- (i) Statement of Long Term Capital Gain. Debit note for purchase of shares of Turbo Tech (ii) Engineering Limited. (iii) Physical Share Transfer form evidencing shares of Turbo Tech Engineering Limited in assesse’s name. 5 Radheyshyam Khandelwal & Ors ITA No.7

RADHESHYAM KHANDELWAL,INDORE vs. ACIT4(1), INDORE

In the result, all the captioned appeals filed by different

ITA 7/IND/2019[2014-15]Status: DisposedITAT Indore25 Jun 2021AY 2014-15

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

Section 10(38)Section 143(3)Section 68

1) The Genuineness of transaction was sought to be proved before the Revenue with help of following evidences:- (i) Statement of Long Term Capital Gain. Debit note for purchase of shares of Turbo Tech (ii) Engineering Limited. (iii) Physical Share Transfer form evidencing shares of Turbo Tech Engineering Limited in assesse’s name. 5 Radheyshyam Khandelwal & Ors ITA No.7

SMT. RUKMANI KHANDELWAL,INDORE vs. ITO-4(3), INDORE

In the result, all the captioned appeals filed by different

ITA 30/IND/2019[2014-15]Status: DisposedITAT Indore25 Jun 2021AY 2014-15

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

Section 10(38)Section 143(3)Section 68

1) The Genuineness of transaction was sought to be proved before the Revenue with help of following evidences:- (i) Statement of Long Term Capital Gain. Debit note for purchase of shares of Turbo Tech (ii) Engineering Limited. (iii) Physical Share Transfer form evidencing shares of Turbo Tech Engineering Limited in assesse’s name. 5 Radheyshyam Khandelwal & Ors ITA No.7

SHRI SURESH KHANDELWAL,INDORE vs. THE ITO-4(1), INDORE

In the result, all the captioned appeals filed by different

ITA 29/IND/2019[2014-15]Status: DisposedITAT Indore25 Jun 2021AY 2014-15

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

Section 10(38)Section 143(3)Section 68

1) The Genuineness of transaction was sought to be proved before the Revenue with help of following evidences:- (i) Statement of Long Term Capital Gain. Debit note for purchase of shares of Turbo Tech (ii) Engineering Limited. (iii) Physical Share Transfer form evidencing shares of Turbo Tech Engineering Limited in assesse’s name. 5 Radheyshyam Khandelwal & Ors ITA No.7

SMT. SANDHYA KHANDELWAL,INDORE vs. ITO 4(3), INDORE

In the result, all the captioned appeals filed by different

ITA 113/IND/2019[2014-15]Status: DisposedITAT Indore25 Jun 2021AY 2014-15

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

Section 10(38)Section 143(3)Section 68

1) The Genuineness of transaction was sought to be proved before the Revenue with help of following evidences:- (i) Statement of Long Term Capital Gain. Debit note for purchase of shares of Turbo Tech (ii) Engineering Limited. (iii) Physical Share Transfer form evidencing shares of Turbo Tech Engineering Limited in assesse’s name. 5 Radheyshyam Khandelwal & Ors ITA No.7