SHRI CHANDRA MOHAN SACHDEVA,BHOPAL vs. THE ACIT 1(2), BHOPAL

In the result, the appeals in I

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. Nos.857 & 858/Ind/2016 "नधा"रणवष" / Assessment Years: 2005-06 & 2006-07 Shri Chandra Mohan Assistant Commissioner Sachdeva, Of Income-Tax, E-5/59, Arera Colony, Vs. 1(2), Bhopal Bhopal

bogus purchases deserves to be quashed. B) Supression of Sales of eggs : B-l)A.Y. 2005-06 - Rs. 3,33,333/- Daily sales reports for the period 05-08-2004 to 09-08-2004 were found during survey. The AO observed that :- (a) In the daily production sale sheets sale in the name of Hazi and Anjumare were not reflected

DCIT 5(1) , BHOPAL vs. VANISHA MINERALS P LTD, BHOPAL

In the result, this appeal of Revenue is dismissed

Bench: Shri Siddhartha Nautiyal & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2016-17 Dcit-5(1) Vanisha Minerals Pvt. Bhopal Ltd., Bhopal बनाम/ Vs. (Appellant / Revenue) (Respondent / Assessee) Pan: Aaecv 9083 B Assessee By Shri Ashish Goyal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 29.08.2022 Date Of Pronouncement 21.09.2022

section 145(3) of the Act for the reasons mentioned in Para 4 above. The ld. A.O relying upon the Judgment of Hon'ble high court of M.P in case of Badri Prasad Bhagwan das & Co.(supra) estimated Sales at 2.5 times of the License fees and net Profit at 5% on the estimated sales. No specific item has been

THE ACIT, 2(1), UJJAIN vs. SHRI RAJENDRA SARAF, BARNAGAR

In the result, appeal of the revenue is dismissed by upholding the order of CIT(A), wherein part relief was granted to the assessee

Bench: Shri Chandra Mohan Garg & Shri O.P.Meenaassessment Year: 2011-12

section 145 should be applied and profit should be determined at reasonable figure. The appellant has shown the net profit which is comparable from the previous years trading results which has been accepted by the department. In any business earning profit margin of 16% is unthinkable. The actual document found during the course of survey suggests that the appellant

THE DCIT-1(1), INDORE vs. M/S. BABYLISS CURLS & CURVES PVT. LTD., INDORE

In the result, appeal of the revenue is dismissed by upholding the order of CIT(A), wherein part relief was granted to the assessee

Bench: Shri Chandra Mohan Garg & Shri O.P.Meenaassessment Year: 2011-12

section 145 should be applied and profit should be determined at reasonable figure. The appellant has shown the net profit which is comparable from the previous years trading results which has been accepted by the department. In any business earning profit margin of 16% is unthinkable. The actual document found during the course of survey suggests that the appellant

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

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

purchase or bogus sales which are brought on record by the Assessing Officer\nand as such, he says that in the instant case, there is no ground for rejection of the\nbooks of account and as such the applicability of section 145

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

section 40A(3) of the Act. Thus, the said amount was treated as Shri Sanjay Somani/ I.T.A. No.757&758/Ind/2014/AY:03-04&05-06 & I.T.A. No. 236/Ind/2016/AY04-06 Page 5 of 11 invested in purchases from undisclosed sources. The penalty proceedings u/s 271(1) (c) of the Act were initiated in respect of above addition. In reply to penalty show cause notice

SMT. SHEELA AGRAWAL,INDORE vs. ITO-5(5), INDORE

In the result, all three appeals of two assessee are allowed

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

145 taxmann.com 315 (Kolkata-Trib) 3. Suman Poddar vs. ITO 112 taxmann.com 330 (SC) 4. Sandeep Bhargava vs. ACIT 109 taxmann.com 174 (Delhi –Trib) 5.Pooja Ajmani vs. ITO 177 ITD 127 (Delhi –Trib) 8. He has submitted that in the above decisions when the investment was made in the Penny stock companies and assessee failed to establish the genuineness

ANKUR AGRAWAL,INDORE vs. ITO-5(1), INDORE

In the result, all three appeals of two assessee are allowed

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

145 taxmann.com 315 (Kolkata-Trib) 3. Suman Poddar vs. ITO 112 taxmann.com 330 (SC) 4. Sandeep Bhargava vs. ACIT 109 taxmann.com 174 (Delhi –Trib) 5.Pooja Ajmani vs. ITO 177 ITD 127 (Delhi –Trib) 8. He has submitted that in the above decisions when the investment was made in the Penny stock companies and assessee failed to establish the genuineness

SMT. SHEELA AGRAWAL,INDORE vs. ITO-5(5), INDORE

In the result, all three appeals of two assessee are allowed

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

145 taxmann.com 315 (Kolkata-Trib) 3. Suman Poddar vs. ITO 112 taxmann.com 330 (SC) 4. Sandeep Bhargava vs. ACIT 109 taxmann.com 174 (Delhi –Trib) 5.Pooja Ajmani vs. ITO 177 ITD 127 (Delhi –Trib) 8. He has submitted that in the above decisions when the investment was made in the Penny stock companies and assessee failed to establish the genuineness

DCIT , CENTRAL -2 , INDORE vs. M/S GREAT GALLEON VENTURES LTD , INDORE

In the result, the appeals of the Revenue bearing ITANo

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad

bogus loans by the assessee is evident from one mobile message, the screenshot which has been reproduced by the AO at page no. 24 of his Order. The ld. CIT(DR) also stressed that the names of the lender companies were included in the list of the shell companies notified by the Department. M/sGreat Galleon Ventures

DCIT , CENTRAL -2 , INDORE vs. M/S GREAT GALLEON VENTURES LTD , INDORE

In the result, the appeals of the Revenue bearing ITANo

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad

bogus loans by the assessee is evident from one mobile message, the screenshot which has been reproduced by the AO at page no. 24 of his Order. The ld. CIT(DR) also stressed that the names of the lender companies were included in the list of the shell companies notified by the Department. M/sGreat Galleon Ventures

ACIT KHANDWA, KHANDWA vs. M.S, SITARAM AGRAWAL, KASRAWAD

In the result appeal of the revenue stands dismissed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Years: 2014-15 Assistant Commissioner Of M/S. Sitaram Agrawal, Income Tax, Vs. Prop. M/S Smo Khandwa Industries, Indore Road, Kasrawad, Dist. Khargone (M.P) (Revenue ) (Appellant) Pan No.Aazpa9277E Appellant By S/Shri S.N. Agrawal & Pankaj Mourya, Ars Revenue By Shri R.P. Mourya, Sr. Dr Date Of Hearing 29.07.2020 Date Of Pronouncement 20.08.2020 O R D E R

bogus persons was out of the amounts appearing m the 'Dasti Bahi.'This finding of fact has not been controverted by the Revenue before us. The assessee was carrying on the business of ‘Arhat’ and undisclosed income was found recorded in the 'Dasti Bahi'. The AO had made the addition on the basis of entries recorded in the regular books

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

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

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

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

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