D.K. CONSTRUCTIONS,BHOPAL vs. CENTRAL CIRCLE - 1, BHOPAL, BHOPAL

Appeal is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2018-19 D.K.Constructions, Pcit (Central), Dk Cottage, Bhopal 24, Carat E8, बनाम/ Near Gujrati Colony,, Vs. Bawadiya Kalan, Bhopal (Assessee/Appellant) (Revenue/Respondent) Pan: Aaafd7121P Assessee By Shri S.S. Deshpande, Ca Revenue By Shri Ram Kumar Yadav, Cit Dr Date Of Hearing 28.08.2024 Date Of Pronouncement 30.08.2024

56(2)(x)(b) qua ‘another property’ is pending before CIT(A) and therefore the PCIT is barred from invoking revisionary action in terms of Explanation 1(c) to section 263 is concerned, we re-produce below the said Explanation 1(c) for an immediate reference, which reads as under: “(c) Where any order referred to in this sub-section

ACIT-2(1), UJJAIN, UJJAIN vs. M/S RUCHI J OIL PVT. LTD,, MUMBAI

In the result, Revenue’s appeal ITANo

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year: 2014-15

Transfer Pricing Officer (TPO) and stated that the TPO has considered purchase of undertaking by way of slump sale from Ruchi Soya Industries Ltd. as a Specified Domestic Transaction. ii) Thereafter, in para 5.5.2 of the order the AO stated “Therefore, the order of Ld. TPO u/s 92CA as regards valuation of the above transaction and the categorization

M/S OMPRAKASH MITTAL,INDORE vs. ITO 2(2), INDORE

In the result, this appeal of assessee is allowed for statistical purposes

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

transfer, the Assessing Officer may refer the valuation of the capital asset to the V.O. and on such a reference, provisions of section 16A of Wealth Act, 1957, will apply. Sub-section (2) further provides that if such a reference is made then certain provisions of section 16A, 23A, 24, 34AA, 35 and 37 of the Wealth

DHIRENDRA INTERNATIONAL (P) LTD.,NEEMUCH vs. PR. CIT UJJAIN, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

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

56(2)(viib) Exp. (a)(i) as option given in the Act and the same has been accepted by the A.O. 4. The appellant further craves to leave to add, alter/or amend any of the foregoing grounds of appeal as and when considered necessary 6. Before going through the facts and issues raised in the instant appeal which are commonly

M/S. CHARITRA GOLD PVT. LTD.,RATLAM vs. THE PR. CIT, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

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

56(2)(viib) Exp. (a)(i) as option given in the Act and the same has been accepted by the A.O. 4. The appellant further craves to leave to add, alter/or amend any of the foregoing grounds of appeal as and when considered necessary 6. Before going through the facts and issues raised in the instant appeal which are commonly

SHRI GOVIND DAS MUNDRA,INDORE vs. PCIT UJJAIN, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

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

56(2)(viib) Exp. (a)(i) as option given in the Act and the same has been accepted by the A.O. 4. The appellant further craves to leave to add, alter/or amend any of the foregoing grounds of appeal as and when considered necessary 6. Before going through the facts and issues raised in the instant appeal which are commonly

SHRI MANISH MUNDRA,INDORE vs. PCIT UJJAIN, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

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

56(2)(viib) Exp. (a)(i) as option given in the Act and the same has been accepted by the A.O. 4. The appellant further craves to leave to add, alter/or amend any of the foregoing grounds of appeal as and when considered necessary 6. Before going through the facts and issues raised in the instant appeal which are commonly

SHRI ADITYA MUNDRA,DEWAS vs. PCIT UJJAIN, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

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

56(2)(viib) Exp. (a)(i) as option given in the Act and the same has been accepted by the A.O. 4. The appellant further craves to leave to add, alter/or amend any of the foregoing grounds of appeal as and when considered necessary 6. Before going through the facts and issues raised in the instant appeal which are commonly

SHRI MANOJ MUNDRA,INDORE vs. PCIT UJJAIN, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

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

56(2)(viib) Exp. (a)(i) as option given in the Act and the same has been accepted by the A.O. 4. The appellant further craves to leave to add, alter/or amend any of the foregoing grounds of appeal as and when considered necessary 6. Before going through the facts and issues raised in the instant appeal which are commonly

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

Appeals are allowed

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

Section 194J of the Act is not attracted in the case of "revenue sharing contract". According to Respondent No.1, in such contracts there is only sharing of revenue and, therefore, payments by revenue sharing cannot constitute "fees" under Section 194J of the Act. This submission is not accepted by the Department. We leave it there because this submission

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

Appeals are allowed

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

Section 194J of the Act is not attracted in the case of "revenue sharing contract". According to Respondent No.1, in such contracts there is only sharing of revenue and, therefore, payments by revenue sharing cannot constitute "fees" under Section 194J of the Act. This submission is not accepted by the Department. We leave it there because this submission

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

Appeals are allowed

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

Section 194J of the Act is not attracted in the case of "revenue sharing contract". According to Respondent No.1, in such contracts there is only sharing of revenue and, therefore, payments by revenue sharing cannot constitute "fees" under Section 194J of the Act. This submission is not accepted by the Department. We leave it there because this submission

THE DCIT1(1), INDORE vs. M/S. AGRAWAL COAL CORPORATION P LTD., INDORE

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

2),Mumbai (2011) (53 SOT 173) (ITAT Mumbai), wherein Hon’ble ITAT held that the TPO cannot question the business and the commercial expediency of the businessman. The role and the responsibility of the TPO under the Indian TP regulations are restricted to determination of the arm’s length price of the international transaction. The relevant extract from the said

M/S. AGRAWAL COAL CORPORATION P. LTD.,INDORE vs. THE DCIT RANGE 1(1), INDORE

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

2),Mumbai (2011) (53 SOT 173) (ITAT Mumbai), wherein Hon’ble ITAT held that the TPO cannot question the business and the commercial expediency of the businessman. The role and the responsibility of the TPO under the Indian TP regulations are restricted to determination of the arm’s length price of the international transaction. The relevant extract from the said

THE DCIT-1(1), INDORE vs. M/S. AGRAWAL COAL CORPORATION P. LTD., INDORE

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

2),Mumbai (2011) (53 SOT 173) (ITAT Mumbai), wherein Hon’ble ITAT held that the TPO cannot question the business and the commercial expediency of the businessman. The role and the responsibility of the TPO under the Indian TP regulations are restricted to determination of the arm’s length price of the international transaction. The relevant extract from the said

M/S. AGRAWAL COAL CORPORATION P. LTD.,INDORE vs. THE DCIT -CIRCLE 1(1), INDORE

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

2),Mumbai (2011) (53 SOT 173) (ITAT Mumbai), wherein Hon’ble ITAT held that the TPO cannot question the business and the commercial expediency of the businessman. The role and the responsibility of the TPO under the Indian TP regulations are restricted to determination of the arm’s length price of the international transaction. The relevant extract from the said

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

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

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

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