SMT. MANJU SHARMA,BHOPAL vs. THE DCIT CENTRAL-II, BHOPAL

In the result the appeals of the assessee are disposed off as

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

cash deposit, deemed dividend, undisclosed perquisites, unaccounted credit in bank, booking of bogus loss, unaccounted investment u/s 69 of the Act. And unaccounted Capital Gains. No live link have been established by the Ld.A.O for making these additions with any incriminating material found during the course of search. The additions have 37 Sanjay Kumar Sinha,Anjana Sinha, Rajiv Sharma & Manju

SMT ANJANA SINHA,BHOPAL vs. THE DCIT CENTRAL-II, BHOPAL

In the result the appeals of the assessee are disposed off as

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

cash deposit, deemed dividend, undisclosed perquisites, unaccounted credit in bank, booking of bogus loss, unaccounted investment u/s 69 of the Act. And unaccounted Capital Gains. No live link have been established by the Ld.A.O for making these additions with any incriminating material found during the course of search. The additions have 37 Sanjay Kumar Sinha,Anjana Sinha, Rajiv Sharma & Manju

SHRI RAJEEV SHARMA,BHOPAL vs. THE DCIT CENTRAL-II, BHOPAL

In the result the appeals of the assessee are disposed off as

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

cash deposit, deemed dividend, undisclosed perquisites, unaccounted credit in bank, booking of bogus loss, unaccounted investment u/s 69 of the Act. And unaccounted Capital Gains. No live link have been established by the Ld.A.O for making these additions with any incriminating material found during the course of search. The additions have 37 Sanjay Kumar Sinha,Anjana Sinha, Rajiv Sharma & Manju

PIYUSH JAIN,INDORE vs. INCOME TAX OFFICER-4(4), INDORE , ITO, INDORE

In the result, the appeal filed by the assessee is allowed

deposits being proceeds arising out of cash sales etc. was evident from\nthe entries in the audited books of accounts of the assessee. In this case, the books of\naccount of the assessee had been audited by an independent auditor. The cash sales and\nreceipts are duly supported by relevant bills which were produced in the course of\nassessment proceedings

DR. VINOD BHANDARI,INDORE vs. THE DCIT CIR. 2(1), INDORE

In the result appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Shri Vinod Bhandari, Pr. Cit(1), Indore 21- Gf, Bhandari House, Talkies, Scheme No.54, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) Pan No.Abnpb6240M Assessment Year: 2012-13

purchased by you 37. The assessee duly replied to the above show cause notice dated 16.3.15 giving complete details about the information called for in the show cause notice and the same is extracted below:- With reference to above, and further to our hearing held on 09/03/2015 we are submitting the following pending documents for your kind perusal:- 1. Credit

SHRI VINOD BHANDARI,INDORE vs. THE PR.CIT-1, INDORE

In the result appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Shri Vinod Bhandari, Pr. Cit(1), Indore 21- Gf, Bhandari House, Talkies, Scheme No.54, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) Pan No.Abnpb6240M Assessment Year: 2012-13

purchased by you 37. The assessee duly replied to the above show cause notice dated 16.3.15 giving complete details about the information called for in the show cause notice and the same is extracted below:- With reference to above, and further to our hearing held on 09/03/2015 we are submitting the following pending documents for your kind perusal:- 1. Credit

DR. VINOD BHANDARI,INDORE vs. THE ACIT CIR. 2(1), INDORE

In the result appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Shri Vinod Bhandari, Pr. Cit(1), Indore 21- Gf, Bhandari House, Talkies, Scheme No.54, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) Pan No.Abnpb6240M Assessment Year: 2012-13

purchased by you 37. The assessee duly replied to the above show cause notice dated 16.3.15 giving complete details about the information called for in the show cause notice and the same is extracted below:- With reference to above, and further to our hearing held on 09/03/2015 we are submitting the following pending documents for your kind perusal:- 1. Credit

THE DCIT CENTRAL-2, INDORE vs. SMT PRITIBEN PATEL, BARWANI

In the result, appeal of the revenue is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanidcit, Central-2 Smt. Pritiben Patel Indore Subhash Choak, Khetiya, Barwani Vs. Maharashtra

bogus sales with a view to introduce unaccounted income in the cash book to justify the cash deposit made in the bank account during the demonetization period. Accordingly the AO has made the addition of the entire deposit of Rs.1,37,25,500/-. It is pertinent to note that the AO has even not considered the undisputed normal purchase

OMPRAKASH JAISWAL,INDORE vs. ACIT-1(1), INDORE

Appeal is partly allowed for statistical purpose

cash deposits in the bank account of the assessee\nduring the demonetization period. He pointed out that even the purchases of\nthe assessee were held by the AO to be all cooked up. The Id. Counsel for the\nassessee contended that none of his findings with regard to the sales and\npurchases being bogus

S GANDHI JEWELLERY PRIVATE LIMITED,INDORE vs. PCIT-1, INDORE, INDORE

Appeal is allowed

Bench: Shri B.M. Biyani & Shri Dinesh Mohan Sinhaassessment Year: 2017-18 S. Gandhi Jewellery Pcit-1, Private Limited, Indore C/O Adv. Hitesh Chimnani, बनाम/ Ug-37 Trade Centre, Vs. 18, South Tukoganj, Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Aamcs1613G Assessee By Shri Hitesh Chimnani, Ar Revenue By Shri Ram Kumar Yadav, Sr. Dr Date Of Hearing 10.02.2025 Date Of Pronouncement 21.02.2025

purchases and cash sales as well as cash deposited by the assessee, came to the conclusion that it was in fitness of things to add the profit element embedded in the alleged bogus

DCIT-3(1), BHOPAL, BHOPAL vs. MANIDHARI JEWELLERS, BHOPAL

The appeal are allowed

Bench: Bhagirath Mal Biyani & Shri Paresh M Joshidcit-3(1), Manidhari Jewellers, बनाम/ Bhopal Room No.202, Vs. Metro Walk Bulding, Bitten Market, Arera Colony, Bhopal (Pan: Abafm6546L) (Revenue) (Respondent) Assessee By Shri Yashwant Sharma, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 01.05.2025 Date Of Pronouncement 09.05.2025 आदेश/ O R D E R

bogus sales made by it to 7 parties & not on the basis of any purchase made by it from appellant amounting to Rs. 2,34,50,000/-. Moreover, he has also admitted that cash deposited

SHRI M A KHAN,BHOPAL vs. THE ACIT 3(1), BHOPAL

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) It(Ss)A Nos.37 To 42/Ind/2015 & Assessment Years: 2004-05 To 2010-11 Late M.A. Khan Acit 3(1) (Through L/H Nazhat Bhopal Parveen Khan) बनाम/ B-90, Housing Board, Vs. Kohefiza, Bhopal (Appellant / Assessee) (Respondent / Revenue) Pan:Aewpk 3620 C Assessee By Ms. Nisha Lahoti & Shri Vijay Bansal, Ars Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 12.01.2023 Date Of Pronouncement 31.03.2023

purchase of property. Thus, all ingredients as required by Ld. AO are satisfied. At this stage, we would also like to mention that the apprehension raised by Ld. AO with respect to non-filing of return and not getting accounts audited by M/s Rajveer Ltd. are also answered by the statements of Shri Sanjeev Lunkad wherein he has categorically stated

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

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

bogus or unreliable. Therefore, in the given circumstances, we are of the view that the assessee is covered by the exceptions in the proviso below sub- section (3A) to section 40A(3) and no disallowance u/s 40A(3) can be made in the hands of the assessee.” 17. We therefore respectfully following the judgment in the case of Gurdas Garg

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

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

bogus or unreliable. Therefore, in the given circumstances, we are of the view that the assessee is covered by the exceptions in the proviso below sub- section (3A) to section 40A(3) and no disallowance u/s 40A(3) can be made in the hands of the assessee.” 17. We therefore respectfully following the judgment in the case of Gurdas Garg

MATHARLAL MUNGALAL AGRAWAL,KHANDWA vs. THE ITO, KHANDWA

Bench: Ms. Madhumita Roy & Shri B.M. Biyani

deposited in that bank account and immediately on the very same dates,the sum of Rs. 14,00,000/-; Rs. 7,68,000/-; and Rs. 8,31,500/- were cash-withdrawn through self-cheques. Ld. AO has reported abstract of bank account Page No.4 of the assessment-order. These all evidencesand circumstances led theLd. AO to observe that the purchases

ASSISTANT COMMISSIONER OF INCOME TAX, RATLAM, RATLAM vs. SHRI SURESH CHAND JAIN, JHABUA

In the result, the appeal filed by the revenue for A

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani & Acit 5(1) Shri Suresh Chand Jain Indore 99, Thandla Road, Vs. Meghnagar,Jhabua (Appellant / Revenue) (Respondent/ Assessee) Pan:Aezpj 2697F Revenue By Shri P.K. Mishra, Cit-Dr Respondent By None Date Of Hearing 09.08.2023 Date Of Pronouncement 12 .09.2023

bogus. The AO is not justified in making the addition without rejecting the books of account of the appellant. The AO has not rejected the books of account and not pointed out any specific defect. The appellant's books of account are audited u/s 44AB of the IT Act. All the expenses are duly recorded and entered

ASSISTANT COMMISSIONER OF INCOME TAX, RATLAM vs. SHRI SURESH CHAND JAIN, MEGHNAGAR DIST. JHABUA

In the result, the appeal filed by the revenue for A

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani & Acit 5(1) Shri Suresh Chand Jain Indore 99, Thandla Road, Vs. Meghnagar,Jhabua (Appellant / Revenue) (Respondent/ Assessee) Pan:Aezpj 2697F Revenue By Shri P.K. Mishra, Cit-Dr Respondent By None Date Of Hearing 09.08.2023 Date Of Pronouncement 12 .09.2023

bogus. The AO is not justified in making the addition without rejecting the books of account of the appellant. The AO has not rejected the books of account and not pointed out any specific defect. The appellant's books of account are audited u/s 44AB of the IT Act. All the expenses are duly recorded and entered

KUNAL VYAS,INDORE vs. ITO 4(1), IND, MAIN BUILDING, INDORE

The appeal of the assessee is allowed for statistical purposes

Bench: Shri Siddhartha Nautiyal & Shri Bhagirath Mal Biyani

cash deposit was made during the period under consideration in the books of accounts of the appellant. (5) Because the learned AO as also the CIT(A) failed to appreciate that once the appellant produces evidence to support his case, the burden to prove that there is a sum credited in the books of the appellant which is either unexplained