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

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

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

purchase of a BMW car, borrowing of loans from Sindhi Financiers, 36 Shri Jairam Education Society ITA No.90 & 548/Ind/2019 non maintenance of regular books of accounts, violations of provisions of Sec.13(1)( c) of the Act in as much as the trustees were paid enormous salary are all by way of passing reference having norelevance to whether

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

purchase of a BMW car, borrowing of loans from Sindhi Financiers, 36 Shri Jairam Education Society ITA No.90 & 548/Ind/2019 non maintenance of regular books of accounts, violations of provisions of Sec.13(1)( c) of the Act in as much as the trustees were paid enormous salary are all by way of passing reference having norelevance to whether

PRAYANK JAIN,INDORE vs. ACIT5(1), INDORE

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

depreciation increased from loss of Rs. 0.89 crores in AY 2009-10 to 4.49 crores in AY 2010-11. The appellant purchased shares of VAS Infra on the basis of quarterly results of the company showing drastic increase in sales. (Tax Effect Rs. 205916/-) 4. Addition made on the basis of suspicion without any material on record

SAPAN SHAH,INDORE vs. ACIT-4(I), INDORE

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

depreciation increased from loss of Rs. 0.89 crores in AY 2009-10 to 4.49 crores in AY 2010-11. The appellant purchased shares of VAS Infra on the basis of quarterly results of the company showing drastic increase in sales. (Tax Effect Rs. 205916/-) 4. Addition made on the basis of suspicion without any material on record

DARSHAN KUMAR PAHWA,INDORE vs. DCIT CIRCLE5(1), INDORE

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

depreciation increased from loss of Rs. 0.89 crores in AY 2009-10 to 4.49 crores in AY 2010-11. The appellant purchased shares of VAS Infra on the basis of quarterly results of the company showing drastic increase in sales. (Tax Effect Rs. 205916/-) 4. Addition made on the basis of suspicion without any material on record

GOVIND HARINARAYAN AGRAWAL HUF,INDORE vs. I T O 2(1), INDORE

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

depreciation increased from loss of Rs. 0.89 crores in AY 2009-10 to 4.49 crores in AY 2010-11. The appellant purchased shares of VAS Infra on the basis of quarterly results of the company showing drastic increase in sales. (Tax Effect Rs. 205916/-) 4. Addition made on the basis of suspicion without any material on record

MANISH GOVIND AGRAWAL HUF,INDORE vs. I T O 2(1), INDORE

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

depreciation increased from loss of Rs. 0.89 crores in AY 2009-10 to 4.49 crores in AY 2010-11. The appellant purchased shares of VAS Infra on the basis of quarterly results of the company showing drastic increase in sales. (Tax Effect Rs. 205916/-) 4. Addition made on the basis of suspicion without any material on record

SHIV NARAYAN SHARMA,INDORE vs. ACIT CIRCLE 3(1), INDORE

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

depreciation increased from loss of Rs. 0.89 crores in AY 2009-10 to 4.49 crores in AY 2010-11. The appellant purchased shares of VAS Infra on the basis of quarterly results of the company showing drastic increase in sales. (Tax Effect Rs. 205916/-) 4. Addition made on the basis of suspicion without any material on record

M/S RADHISHWARI DEVLOPERS P LTD,INDORE vs. PR CIT -2 INDORE, INDORE

In the result, Assessee’s appeal in ITANo

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing Assessment Year 2013-14 M/S. Radhishwari Developers P. Ltd. (Now Known As R.C. Warehousing Pvt. Ltd. ) Indore : Appellant Pan :Aafcr1916A V/S Pr. Cito-2 : Respondent Indore Appellant By S/Shri Sumit Nema Sr. Adv. With Gagan Tiwari & Piyush Parashar Advs. Revenue By Shri S.S. Mantri, Cit-Dr Date Of Hearing 24.05.2021 Date Of Pronouncement 20.07.2021

purchase, sale, taking on lease, letting out development/ construction of property. E- M/s. Radheshwari Developers Pvt. Ltd. return of income filed on 27.09.2013 declaring loss of Rs.51,72,569/- which comprises of depreciation loss at Rs.1,53,066/- and business loss of Rs.50,19,503/-. Case selected for scrutiny assessment through CASS for the reason ‘large unsecured loans’. Notices

ACIT-1(1), INDORE vs. KRITI NUTRIENTS LIMITED, INDORE

The appeal of the Revenue is allowed for statistical\npurposes

bogus\npurchases without any evidence\ncannot be a basis for rejection of\nbooks of account.\n1.5) The assessing authority vide Para 7.8 and 7.9 at page 15 of\nAssessment order applied gross profit rate of 7.20% being average gross\nprofit earned in preceding three years viz. A.Y. 2018-19 (7.92%), 2019-20\n(7.71%) & 2020-21(5.96%) based on above

ACIT (CENTRAL)-1, BHOPAL, BHOPAL vs. SOM DISTILLERIES AND BREWERIES LTD., BHOPAL

Appeal is partly allowed for statistical

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniay: 2013-14 Som Distilleries & Income-Tax Officer, बनाम/ Breweries Limited, 1(1), Vs. Som House, Bhopal. 23, Zone Ii, M.P. Nagar, Bhopal (Pan: Aabcs3374B) (Assessee/Appellant) (Revenue/Respondent) Ay:2014-15 Acit (Central)-1, Som Distilleries & बनाम/ Bhopal Breweries Limited, Vs. Som House, 23, Zone Ii, M.P. Nagar, Bhopal (Pan: Aabcs3374B) (Revenue/Appellant) (Assessee/Respondent)

depreciation. Since, no such claim in made before me therefore, the disallowance made by the Ld AO amounting to Rs. 19,899/- is confirmed. However, the impugned disallowance will not ipso facto lead to a conclusion that all the expenses claimed under the said head are bogus. 3.2.6 Lastly, the ld AO has relied upon a bill dated 16.09.2013 issued

SOM DISTILLERIES AND BREWERIES LTD.,BHOPAL vs. ITO-1(1), BHOPAL

Appeal is partly allowed for statistical

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniay: 2013-14 Som Distilleries & Income-Tax Officer, बनाम/ Breweries Limited, 1(1), Vs. Som House, Bhopal. 23, Zone Ii, M.P. Nagar, Bhopal (Pan: Aabcs3374B) (Assessee/Appellant) (Revenue/Respondent) Ay:2014-15 Acit (Central)-1, Som Distilleries & बनाम/ Bhopal Breweries Limited, Vs. Som House, 23, Zone Ii, M.P. Nagar, Bhopal (Pan: Aabcs3374B) (Revenue/Appellant) (Assessee/Respondent)

depreciation. Since, no such claim in made before me therefore, the disallowance made by the Ld AO amounting to Rs. 19,899/- is confirmed. However, the impugned disallowance will not ipso facto lead to a conclusion that all the expenses claimed under the said head are bogus. 3.2.6 Lastly, the ld AO has relied upon a bill dated 16.09.2013 issued

RAMA GARG,SEHORE vs. DCIT-3(1), BHOPAL, BHOPAL

In the result appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani(Assessment Year: 2012-13 Smt. Rama Garg, Dcit-3(1), Gadhi Chok, Bhopal Chota Bazar, Vs. Nasrullaganj, Sehore (Appellant / Assessee) (Respondent/ Revenue) Pan: Abcpg1140J Assessee By Shri R.K. Mangal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 18.06.2024 Date Of Pronouncement 26.06.2024

purchases however, the addition made by the Assessing Officer on account of electricity 2 Smt. Rama Garg charges has been confirmed by this Tribunal and consequently the CIT(A) has restricted the penalty to the extent of disallowance of electricity expenses. 5. Before the Tribunal Ld. AR of the assessee has submitted that the electricity expenses claimed by the assessee

SOM DISTILLERIES PVT. LTD.,BHOPAL vs. ITO-1(3), BHOPAL

Appeal is partly allowed for statistical

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

bogus by the Ld. AO. Only a general remark in the assessment has been made. The Ld. AO did not reject books of accounts before making such disallowance which is against the various judicial pronouncements wherein it has been held that such disallowance is not legally sustainable. Hon’ble Apex Court in the case of Dhakeshwari Cotton Mills Ltd reported

ASST. COMMISSIONER OF INCOME TAX (CENTRAL)-I, BHOPAL , BHOPAL vs. SOM DISTILLERIES PRIVATE LIMITED, BHOPAL

Appeal is partly allowed for statistical

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

bogus by the Ld. AO. Only a general remark in the assessment has been made. The Ld. AO did not reject books of accounts before making such disallowance which is against the various judicial pronouncements wherein it has been held that such disallowance is not legally sustainable. Hon’ble Apex Court in the case of Dhakeshwari Cotton Mills Ltd reported

SRK DEV BUILD PVT LTD.,INDORE vs. DCIT/ACIT 5(1), INDORE

Appeal is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2016-17 Srk Dev Build Pvt. Ltd, Dcit/Acit-5(1) 18/2, Lasudia Mori, Indore बनाम/ A.B. Road, Vs. Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Aaqcs3387P Assessee By Shri Pranay Goyal & S.N. Goyal, Cas Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 15.04.2024 Date Of Pronouncement 20.06.2024

bogus or incorrect but Ld. AO has disallowed the claim of expenditure on the ground that there was no sale during the year under consideration and in the opinion of the Ld. AO entire expenditure should have been capitalized. The ld. AR has submitted that all the expenses are general in nature and have been incurred for the purpose