HAMID HUSAIN,BHOPAL vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT, DELHI

Appeals are allowed for statistical purposes

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiito-4(1), Hamid Husain, बनाम/ Bhopal 369, Kaji Camp, Vs. Gali No.3, Near Sindhi Colony, Berasia Road, Bhopal (Revenue/Appellant) (Assessee/Respondent) Hamid Husain, Assessment Unit, बनाम/ 369, Kaji Camp, Income Tax Department Vs. Gali No.3, Near Sindhi Colony, Berasia Road, Bhopal (Assessee/Appellant) (Revenue/Respondent)

bogus purchase / not genuine purchase. 2. On the facts and in the circumstances of the case of the assessee, the learned CIT(A) was not justified in confirming the addition @ 12.50 percent of the purchase of Rs 9,10,39,185.00. 3. The assessee craves leave to add, amend, alter or withdraw any ground of appeal on or before

MATHARLAL MUNGALAL AGRAWAL,KHANDWA vs. THE ITO, KHANDWA

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

133(6) but, however, they could not/did not submit documentary evidencesof the alleged transactions such as bilty, receipt of toll tax, receipt of mandi tax, etc. Then, the Ld. AO also communicated directly to Buldhana Urban Cooperative Bank, Buldhana Branch to enquire about the transaction done in bank account held by M/s Sekh Brothers (proprietor Shri Manoj Gupta), whereupon

ACIT RANGE 1(1), BHOPAL vs. AISECT LTD. , BHOPAL

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Roy

bogus purchases were made. ix. Copy of sales tax orders of the aforesaid entities duly confirming the purchase/sales made by suppliers. x. Copy of sales tax order of the assessee company duly confirming the sale of the assessee. xi. Names of all the suppliers, address of the suppliers, name of the contact persons, their telephone Number along with documentary proof

AISECT LTD. ,BHOPAL vs. ACIT RANGE 1(1), BHOPAL

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Roy

bogus purchases were made. ix. Copy of sales tax orders of the aforesaid entities duly confirming the purchase/sales made by suppliers. x. Copy of sales tax order of the assessee company duly confirming the sale of the assessee. xi. Names of all the suppliers, address of the suppliers, name of the contact persons, their telephone Number along with documentary proof

AISECT LTD. ,BHOPAL vs. ACIT RANGE 1(1), BHOPAL

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Roy

bogus purchases were made. ix. Copy of sales tax orders of the aforesaid entities duly confirming the purchase/sales made by suppliers. x. Copy of sales tax order of the assessee company duly confirming the sale of the assessee. xi. Names of all the suppliers, address of the suppliers, name of the contact persons, their telephone Number along with documentary proof

ACIT RANGE 1(1), BHOPAL vs. AISECT LTD. , BHOPAL

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Roy

bogus purchases were made. ix. Copy of sales tax orders of the aforesaid entities duly confirming the purchase/sales made by suppliers. x. Copy of sales tax order of the assessee company duly confirming the sale of the assessee. xi. Names of all the suppliers, address of the suppliers, name of the contact persons, their telephone Number along with documentary proof

DCIT CENTRAL-1, INDORE vs. SARTHAK INNOVATION (P) LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

purchases are Rs. 445.96 Lacs. He has also shown interest income of Rs. 10.91 Lacs on loans and advances and a net profit of Rs. 6.45 Lacs. Sundry debtors are shown Rs. 207.51 Lacs and loans given are Rs. 224.15 Lacs. I find that the financial of M/s Konica Gems have also been discussed by the AO in the assessment

ACIT CENTRAL-2, INDORE vs. SARTHAK INNOVATION (P) LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

purchases are Rs. 445.96 Lacs. He has also shown interest income of Rs. 10.91 Lacs on loans and advances and a net profit of Rs. 6.45 Lacs. Sundry debtors are shown Rs. 207.51 Lacs and loans given are Rs. 224.15 Lacs. I find that the financial of M/s Konica Gems have also been discussed by the AO in the assessment

ACIT CENTRAL-2, INDORE vs. SARTHAK INNOVATION (P) LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

purchases are Rs. 445.96 Lacs. He has also shown interest income of Rs. 10.91 Lacs on loans and advances and a net profit of Rs. 6.45 Lacs. Sundry debtors are shown Rs. 207.51 Lacs and loans given are Rs. 224.15 Lacs. I find that the financial of M/s Konica Gems have also been discussed by the AO in the assessment

INCME TAX OFFICER 2(1), BHOPAL, BHOPAL vs. SWARNA SUKH, BHOPAL

In the result appeal of the revenue is dismissed and \"impugned order” is upheld

bogus purchase or sham or make believe arrangement in light of material produced by the assessee on pages 50 to 53, pages 54 to 58,94 of Paper Book Vol.I and Page 36 of stock register etc. These documents were not examined by the Ld. A.O and no finding on purchases made from these two entities are given

M/S OREF SECURITIES PRIVATE LTD. ,MANDSAUR vs. INCOME TAX OFFICER, INDORE

In the result, appeal of the assessee is allowed

Bench: Shri Manish Borad & Ms.Madhumita Royआयकर अपील सं./ Ita No.70/Ind/2018 "नधा"रण वष"/Asstt. Year: 2013-14 Vs. Ito, Mandsaur. M/S.Oref Securities P.Ltd. 69, Agrasen Nagar B/H. Mid India Mandsaur.

purchase of share had been proved-by assessee - Held, yes - Whether, therefore, appellate authorities had rightly deleted impugned addition made by Assessing Officer - Held, yes [para6] [In favour of assessee] ix) Honorable Delhi High court in the case of CIT vs. Kansal Fincap Ltd. Reported in 221 Taxman 151 Section 68: Cash credits -Share application money - No addition shall

SMT NARAYAN SUNDRA BAI,INDORE vs. ITO 2 (5), INDORE

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2014-15 Smt. Narayan Sundra Bai, Ito, 29, Maa Vihar Colony, 2(5), बनाम/ A.B.Road, Indore. Indore. Vs. (Assessee / Appellant) (Revenue / Respondent) Pan: Alzpb1024B Assessee By Shri Ashish Goyal, Ca Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.06.2023 Date Of Pronouncement 05.09.2023

section 68. 4. The Ld. CIT(A) has erred in confirming the addition made u/s 68 of Rs. 42,12,998/- being receipt on sale of shares. 5. The Ld. CIT(A) has erred in confirming the addition of Rs. 1,26,390/- being alleged on account of expenses for arranging receipts on sale of shares.” 2. Heard the learned

DCIT-4(1), INDORE vs. M/S. YAKSHA INFRASTRUCTURE COM. PVT. LTD., TALOJA, RAIGARH

Appeal is dismissed

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

purchase and sale, frequency of transactions, etc.?” 5. The brief fact leading to the case is this that the assessee is a Private Limited Company, engaged, in the business of trading of pulses and other commodity. The company was incorporated on 31.03.2017 under the provisions of Companies Act, 1956 with its registered office at Mumbai which was subsequently transferred

YAKSHA INFRASTRUCTURE COMPANY (P) LTD. (FORMERLY KNOWN FROLIC REALTY (P) LTD.),MUMBAI vs. DCIT-3(1) , INDORE

Appeal is dismissed

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

purchase and sale, frequency of transactions, etc.?” 5. The brief fact leading to the case is this that the assessee is a Private Limited Company, engaged, in the business of trading of pulses and other commodity. The company was incorporated on 31.03.2017 under the provisions of Companies Act, 1956 with its registered office at Mumbai which was subsequently transferred

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

bogus nature of the subject transactions. This, under such circumstances the order passed by the learned Assessing Officer u/s 143(3) cannot be said as prejudicial to the interest of the revenue and thus, needs to be quashed. M/s. Radheshwari Developers Pvt. Ltd. Without prejudice further, to the above it is submitted that the recourse to section

POONAMCHAND NARAYANDAS SOONI,KHIRKIYA vs. ITO-2, HARDA

In the result appeal of the assessee is allowed

Bench: Shri Manish Boradpoonamchand Narayandas Income Tax Officer -2, Sooni, Harda Main Road, H. No.26, Vs. Khirkiya, Madhya Pradesh (Appellant / Assessee) (Respondent/ Revenue) Pan: Aabfp3619H Assessee By S/Shri Ashish Goyal & N.D. Patwa, Ars Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 06.08.2024 Date Of Pronouncement 09.08.2024 O R D E R

section 68 was not sustainable. 7. In identical circumstances, in the case of M/s. Kamlesh Dal Mills, Khirkiya, the addition for such purchases of grains from farmers through mandi was deleted by the Hon'ble ITAT in ITA No. 256/IND/ 2023 vide order dated 25.10.2023. The copy of the said order is placed at PB 77-81.” 4.1 He further

ASHISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

133(6) that assessee has carried out synchronized trades for obtaining bogus LTCG. In our opinion, the said information/data is collected after the date of search and does not constitute incriminating material found and seized during the course of search. Keeping in view the said facts and circumstances, we are of the considered view that addition to the income

PAWAN KUMAR CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

133(6) that assessee has carried out synchronized trades for obtaining bogus LTCG. In our opinion, the said information/data is collected after the date of search and does not constitute incriminating material found and seized during the course of search. Keeping in view the said facts and circumstances, we are of the considered view that addition to the income