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

DCIT(CENTRAL)-2, INDORE, INDORE vs. M/S KALYAN TOLL HIGHWAY PVT.LTD, INDORE

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year:2013-14 Dcit(Central)-2 M/S. Kalyan Toll Highway Pvt. Ltd. Indore Indore बनाम/ (Appellant) (Revenue ) Vs. P.A. No. Aadck9401F Appellant By Shri Harshit Bari, Sr. Dr Respondent By Shri Ajay Tulsiyan, Ca Date Of Hearing: 21.06.2021 Date Of Pronouncement: 27.07.2021 आदेश / O R D E R Per Manish Borad, A.M:

4 M/s. Kalyan toll Highways Pvt. Ltd. ITANo.85/Ind/2020 finding of Ld. CIT(A) deleting the penalty levied u/s 271(1)(c) of the Act at Rs.60,00,000/- for the alleged furnishing of inaccurate particulars of income in respect of bogus claim of purchase expenses of Rs.1,83,32,038/-. 7. We note that during the A.Y. 2013-14 assessee

JAI PRAKASH SHAHANI,INDORE vs. INCOME TAX OFFICER - NFAC, DELHI

In the result, appeal of the assessee is allowed

Bench: Shri Manish Boradjai Prakashshahani, Income Tax Officer, Prop. M/S Jai Prakash Impex, Nfac, Delhi Vs. 73, New Palasia, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Apqps7948G Assessee By Ms. Ruchira Singhal, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 27.02.2025 Date Of Pronouncement 29.04.2025

4 Jai PrakashShahani– A.Y 2014-15 on the basis of which the case of the assessee has been reopened are regarding alleged bogus purchase transaction of Rs.1,94,07,890/- escaped from levy of tax but Ld. A.O has finally accepted the genuineness of the purchases made from M/s Garima Enterprises to the extent of the copies of invoices furnished

SANGITA LALWANI,ITARSI vs. ITO 1, ITARSI, ITARSI

In the result the “Impugned order” is set aside as and by

Bench: Shri B.M. Biyani & Shri Paresh M Joshisangita Lalwani, Ito 1, बनाम/ Gali No.03, Sindhi Colony

139(1) of the Act. The total Income as per the return of Income in response to the Notice u/s 148 of the Act was at Rs 7,31,150/-. The Addition on account of Unexplained expenditure u/s 69C of the Act was at Rs 48,21,840/- for bogus purchases. Another Addition was towards sundry creditors amounting

SHRI SANJAY SOMANI,INDORE vs. THE DCIT-5(1), INDORE

In the result, the appeals of the assessee is allowed for all

Bench: Shri Chandra Mohan Gargbefore Shri Chandra Mohan Gargbefore Shri Chandra Mohan Gargbefore Shri Chandra Mohan Garg & Shri O.P.Meena, Accountant & Shri O.P.Meena & Shri O.P.Meena, Accountant & Shri O.P.Meenamember Member

139(1) declaring total income of Rs. 1,29,054/- may be treated as filed in response to said notice under section 148 of the Act. There was a search u/s 132 of the Act carried out on 30.09.2008 in the case of Shri Bharat Kothari group of cases. During the course of search, a statement u/s 132(4

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

HIMANSHU BOTADEARA HUF,INDORE vs. THE ITO 4(3), INDORE

In the result, these two appeals filed by the assesse are

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

Section 144 of the Income-tax Act, 1961, on 24th December, 2018, whereby an addition u/s 68 of the Act was made Page 3 of 12 Himanshu Botadara, HUF, Indore vs. ITO,4(3), Indore. I.T.A.Nos. 155 & 156/Ind/2023 - A.Ys. 2011-12 & 2012-13 to the tune of Rs. 2,09,239/- being bogus long term capital gains. The assessee challenged

HIMANSHU BOTADEARA HUF,INDORE vs. THE ITO 4(3), INDORE

In the result, these two appeals filed by the assesse are

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

Section 144 of the Income-tax Act, 1961, on 24th December, 2018, whereby an addition u/s 68 of the Act was made Page 3 of 12 Himanshu Botadara, HUF, Indore vs. ITO,4(3), Indore. I.T.A.Nos. 155 & 156/Ind/2023 - A.Ys. 2011-12 & 2012-13 to the tune of Rs. 2,09,239/- being bogus long term capital gains. The assessee challenged

SMT. SARITA CHAWLA,BHOPAL vs. THE ACIT 1(2), BHOPAL

In the result appeal of the assessee for Assessment Years

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradit(Ss)A Nos. 158 To 163/Ind/2015 Assessment Years 2000-01 To 2005-06 & Assessment Year-2006-07

purchases and other expenses of M/s Anand Organics (Prop. Late Smt. Sudesh Chawla) were paid by Shri Prem Chawla from his proprietaryship concern M/s Anand Industries to the following persons:- Name of supplier to Amount (Rs.) whom payment was made IT(SS)ANos.158 to 175/Ind/2015 && others Chawla Group Jindal Polyster Limited 7,35,064 Reliance Industries

LATE SMT. SUDESH CHAWLA L/H SHRI PREM CHAWLA,BHOPAL vs. THE ACIT 1(2), BHOPAL

In the result appeal of the assessee for Assessment Years

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradit(Ss)A Nos. 158 To 163/Ind/2015 Assessment Years 2000-01 To 2005-06 & Assessment Year-2006-07

purchases and other expenses of M/s Anand Organics (Prop. Late Smt. Sudesh Chawla) were paid by Shri Prem Chawla from his proprietaryship concern M/s Anand Industries to the following persons:- Name of supplier to Amount (Rs.) whom payment was made IT(SS)ANos.158 to 175/Ind/2015 && others Chawla Group Jindal Polyster Limited 7,35,064 Reliance Industries

THE DCIT, 1(1), BHOPAL vs. SMT. SUDESH CHAWLA, BHOPAL

In the result appeal of the assessee for Assessment Years

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradit(Ss)A Nos. 158 To 163/Ind/2015 Assessment Years 2000-01 To 2005-06 & Assessment Year-2006-07

purchases and other expenses of M/s Anand Organics (Prop. Late Smt. Sudesh Chawla) were paid by Shri Prem Chawla from his proprietaryship concern M/s Anand Industries to the following persons:- Name of supplier to Amount (Rs.) whom payment was made IT(SS)ANos.158 to 175/Ind/2015 && others Chawla Group Jindal Polyster Limited 7,35,064 Reliance Industries

NILIMA KOTHARI,INDORE vs. THE INCOME TAX OFFICER, NATIONAL FACELESS ASSTT. CENTRE, INDORE

In the result appeal of the assessee is allowed as per terms indicated above

Bench: Shri Manish Boradsmt. Neelima Kothari, Income Tax Officer, 601, N.R.K. Villas, Delhi Vs. 22/2 Manoramaganj, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Adnpk7832J Assessee By Shri S.S. Deshpande, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 08.08.2024 Date Of Pronouncement 20.09.2024

purchased the share form that broker innocently and bonafidely and if he shows his bona fide in transaction by showing relevant material, facts and circumstances and documents, then merely on the basis of the reason that share broker was involved in dealing in the share of a particular co. in collusion with others or in the manner of unfair trade

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

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 68 does not permit any addition qua the opening balances which are carried forward from earlier year and not accepted during the year. Ld. CIT(A) has rightly taken into account the decision of (i) Hon'ble Delhi High Court in case of CIT vs. Usha Stud Farms (301 ITR 384), (ii) Shri Vardhman Overseas Page

THE ACIT, CENTRAL-1, INDORE vs. M/S SURYA INFRA VENTURE PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

bogus blasting expenses. The AO during the course of assessment proceedings found that assessee has claimed blasting expenses of Rs. 13,39,555/- , however, has submitted details of Rs. 1,01,330/- only which has also been reproduced by the AO on page no 3 of the impunged assessment order. The AO further observed that payments were made

THE ACIT, CIRCLE 2(1), INDORE vs. M/S SURYA INFRA VENTURE PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

bogus blasting expenses. The AO during the course of assessment proceedings found that assessee has claimed blasting expenses of Rs. 13,39,555/- , however, has submitted details of Rs. 1,01,330/- only which has also been reproduced by the AO on page no 3 of the impunged assessment order. The AO further observed that payments were made

THE AIT,ENTRAL-1, INDORE vs. SURYA INFRAVENTURE P LTD, INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

bogus blasting expenses. The AO during the course of assessment proceedings found that assessee has claimed blasting expenses of Rs. 13,39,555/- , however, has submitted details of Rs. 1,01,330/- only which has also been reproduced by the AO on page no 3 of the impunged assessment order. The AO further observed that payments were made

KAMAL PANJWANI,INDORE vs. THE ACIT 3 (1), INDORE

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

purchases of such items. Since Shri N.P. Panjwani has surrendered these items in case of company the action is being taken in case of company. In view of the court decisions which have been adduced above which clearly say that in cash of doubt whether particular income belongs to ‘A’ or ‘B’, the action under section 147 in the hands

KAMAL PANJWANI,INDORE vs. THE ACIT 3 (1), INDORE

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

purchases of such items. Since Shri N.P. Panjwani has surrendered these items in case of company the action is being taken in case of company. In view of the court decisions which have been adduced above which clearly say that in cash of doubt whether particular income belongs to ‘A’ or ‘B’, the action under section 147 in the hands