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78 results for “bogus purchases”+ Section 148(2)clear

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Key Topics

Section 6890Section 14782Section 143(3)72Section 14865Addition to Income63Disallowance26Section 10(38)23Long Term Capital Gains23Section 69C

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

ITA 259/IND/2024[2016-17]Status: DisposedITAT Indore20 Sept 2024AY 2016-17

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

Section 10(38)Section 147Section 148Section 151Section 68

2 Smt. Nilima Kothari was resumed in 2016. There being no other documents or evidence to reveal that the income chargeable to tax had escaped assessment, proceedings initiated under section 147 of the Act on the ground that appellant was indulged in manipulating the share price without any corroborative evidences against her is wholly unjustified, improper

Showing 1–20 of 78 · Page 1 of 4

20
Section 26320
Reopening of Assessment15
Section 12A14

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

Appeal is allowed

ITA 311/IND/2024[2017-18]Status: DisposedITAT Indore21 Feb 2025AY 2017-18

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

Section 143(2)Section 143(3)Section 147Section 263

148. The reasons recorded clearly indicate the AO's belief that income had escaped assessment. Hence, the initiation of reassessment proceedings under section 147 is justified and in accordance with the law. Alleged Bogus Purchases: The AO noted that the appellant made a purchase of Rs. 1,55,00,000/- from M/s N.S. Jewellers & Bullion, which was found

SHRI KRISHNA MOHAN CHOURSIYA, RAJGARH vs. ITO, RAJGARH

In the result, the assessee’s appeal i

ITA 853/IND/2017[2014-15]Status: DisposedITAT Indore30 Sept 2021AY 2014-15

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2014-15

Section 143(3)Section 2(14)Section 68

148/- as made to the total income of the appellant on account of estimation of net profit @ 8% without properly appreciating the facts of the case and submissions made before him.” Ground Nos.1 to 3 2. In ground nos. 1 to 3, the assessee has challenged the finding of Ld. CIT(A) confirming the addition of Rs.88,78,365/- made

DEPUTY COMMISSIONER OF INCOME TAX, INDORE vs. FERRO CONCRETE CON INDIA PVT. LTD., INDORE

Appeal is allowed for statistical purpose

ITA 111/IND/2025[2019-20]Status: DisposedITAT Indore13 Jan 2026AY 2019-20

Bench: Shri Siddhartha Nautiyal & Shri B.M. Biyaniassessment Year:2019-20 Deputy Commissioner Of Ferro Concrete Con India Income-Tax Pvt. Ltd., बनाम/ 3/5/7B, Bhagirathpura Vs. Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Aaacf2726K Revenueby Shri Ashish Porwal, Sr. Dr Assessee By Shri Venus Rawka, Ar Date Of Hearing 17.12.2025 Date Of Pronouncement 13.01.2026

Section 115BSection 139Section 143(2)Section 147Section 148Section 69

148. In response to notice, the assessee re-filed return of income repeating the original income of Rs. 12,20,48,700/-. Thereafter, the AO issued notices u/s 143(2)/142(1) and the assessee made compliances. Finally, the AO completed assessment after making an addition of Rs. 84,76,000/- u/s 69 treating the full amount of purchase made

M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. ACIT CENTRAL-II, BHOPAL

In the result, appeal of the assessee in ITANo

ITA 548/IND/2019[2010-11]Status: DisposedITAT Indore13 Oct 2021AY 2010-11

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing

Section 12ASection 132Section 143(2)Section 148Section 37

148 dated 28.03.2017 are unlawful, bad in law and without jurisdiction hence the assessment made be kindly cancelled. 2. That on the facts & in the circumstances of the case and in law, the learned lower authorities erred and in not justified in assessing the income of the assessee as the income from business and profession

M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. PR. CIT (CENTRAL), BHOPAL

In the result, appeal of the assessee in ITANo

ITA 90/IND/2019[-]Status: DisposedITAT Indore13 Oct 2021

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing

Section 12ASection 132Section 143(2)Section 148Section 37

148 dated 28.03.2017 are unlawful, bad in law and without jurisdiction hence the assessment made be kindly cancelled. 2. That on the facts & in the circumstances of the case and in law, the learned lower authorities erred and in not justified in assessing the income of the assessee as the income from business and profession

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

ITA 216/IND/2021[2010-11]Status: DisposedITAT Indore24 Nov 2022AY 2010-11

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

Section 143(3)Section 37Section 40A(3)Section 40a

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

ITA 217/IND/2021[201-13]Status: DisposedITAT Indore24 Nov 2022

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

Section 143(3)Section 37Section 40A(3)Section 40a

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

ITA 232/IND/2021[2012-13]Status: DisposedITAT Indore24 Nov 2022AY 2012-13

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

Section 143(3)Section 37Section 40A(3)Section 40a

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

SHRI BHAWANI SHANKAR PARASHAR,INDORE vs. THE DCIT/ACIT 1 (2), INDORE

In the result, appeal of assessee is allowed

ITA 411/IND/2022[2012-13]Status: DisposedITAT Indore21 Jun 2023AY 2012-13

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Bhawani Shankar Pr. Cit-1 Prashar Indore 28, Lasudia Mori, Vijay Vs. Nagar, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Bgbpp 2475 G Assessee By Shri S.N. Agrawal, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 02.05.2023 Date Of Pronouncement 21.06.2023

Section 263

148 of the Act even when information. was received during the course of search and notice ought to be issued under section 153C of the Income Tax Act. 4.That on the facts and in the circumstances of the case and in law, the Ld Assessing officer erred in calculating the amount of long-term capital gain on transfer of Agricultural

M/S PUMARTH PROPERTIES & HOLDING (P) LTD.,INDORE vs. THE DCIT (CENTRAL)-1, INDORE

In the result, the appeal of the Assessee is allowed

ITA 954/IND/2016[2013-14]Status: DisposedITAT Indore31 Jan 2018AY 2013-14

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2013-14

Section 115BSection 132Section 68Section 69Section 69ASection 69BSection 69CSection 69D

2 are therefore dismissed.” 7. From the above it is clear that the Ld. CIT(A) has applied the memorandum of explanation and treated the amendment of retrospective nature, treating the same as clarificatory in nature. Pumarth Properties We are unable to affirm this view of the authorities below. In view of the judgment of the Hon'ble Supreme Court

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

The appeal of the assessee is allowed for statistical purposes

ITA 201/IND/2025[2018-19]Status: DisposedITAT Indore23 Dec 2025AY 2018-19

Bench: Shri Siddhartha Nautiyal & Shri Bhagirath Mal Biyani

For Appellant: Shri Ankit Sijariya, AdvFor Respondent: Shri Ashish Porwal, Sr. DR
Section 144Section 144BSection 148Section 68Section 69

bogus resulting in unexplained investment entries, particularly when income returned has been accepted by AO. 9) Because, the impugned assessment order is without jurisdiction being non est in law on account of non-observance of the mandatory statutory procedure laid down under the provisions of section 144B of the Act. 10) Because, the impugned assessment order

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

In the result, appeal of the assessee is allowed

ITA 524/IND/2023[2014-15]Status: DisposedITAT Indore29 Apr 2025AY 2014-15

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

Section 139(1)Section 143(3)Section 144BSection 147Section 148Section 37

bogus purchase made from M/s Garima Enterprises but finally after carrying out the reassessment proceedings has accepted the genuineness of the purchase and has not invoked Section 69C of the Act applicable for unexplained expenditure and has concluded the proceedings only by making minor disallowance u/s 37 of the Act for unverifiable purchase. This subsequent observation

RVR TECHNOLOGIES LTD.,MANDIDEEP vs. ADDL. CIT-RANGE-3, BHOPAL

In the result, appeal for A

ITA 276/IND/2023[2009-10]Status: DisposedITAT Indore30 May 2024AY 2009-10

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

Section 143(3)Section 147Section 148Section 271E

2 of 25 ITANo.275 to 277/Ind/2023 RVT Technologies Ltd. claimed against unit-1. He has referred to the profit and loss account of unit –I as well as unit-II at page no.35 & 42 of the paper book and submitted that the assessee has given all the details recorded in the books of account and particularly in the profit

RVR TECHNOLOGIES LTD.,MANDIDEEP vs. ACIT-3(1), BHOPAL

In the result, appeal for A

ITA 275/IND/2023[2008-09]Status: DisposedITAT Indore30 May 2024AY 2008-09

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

Section 143(3)Section 147Section 148Section 271E

2 of 25 ITANo.275 to 277/Ind/2023 RVT Technologies Ltd. claimed against unit-1. He has referred to the profit and loss account of unit –I as well as unit-II at page no.35 & 42 of the paper book and submitted that the assessee has given all the details recorded in the books of account and particularly in the profit

RVR TECHNOLOGIES LTD.,MANDIDEEP vs. ITO-2(1), BHOPAL

In the result, appeal for A

ITA 277/IND/2023[2014-15]Status: DisposedITAT Indore30 May 2024AY 2014-15

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

Section 143(3)Section 147Section 148Section 271E

2 of 25 ITANo.275 to 277/Ind/2023 RVT Technologies Ltd. claimed against unit-1. He has referred to the profit and loss account of unit –I as well as unit-II at page no.35 & 42 of the paper book and submitted that the assessee has given all the details recorded in the books of account and particularly in the profit

THE ACIT, CIRCLE, RATLAM vs. M/S. MAHALAXMI INVESTMENT AND TRADING PVT. LTD., RATLAM

ITA 956/IND/2016[2011-12]Status: DisposedITAT Indore25 May 2021AY 2011-12

Bench: Shri Manish Borad & Miss Madhumita Roy

Section 143(3)Section 148Section 80I

section 80IB of the Act and also disallowed purchase at Rs.51,116/- alleged to be bogus purchase. Income assessed at Rs.1,41,58,310/-. 8. Aggrieved, assessee preferred an appeal before the ld. CIT(A) and partly succeeded as Ld. CIT(A) confirmed the addition for bogus purchase of Rs.51,116/-, allowed the claim of deduction u/s 80IB

THE ACIT CIRCLE,RATLAM vs. M/S. MAHALAXMI INVESTMENT AND TRADING PVT. LTD., RATLAM

ITA 955/IND/2016[2010-11]Status: DisposedITAT Indore25 May 2021AY 2010-11

Bench: Shri Manish Borad & Miss Madhumita Roy

Section 143(3)Section 148Section 80I

section 80IB of the Act and also disallowed purchase at Rs.51,116/- alleged to be bogus purchase. Income assessed at Rs.1,41,58,310/-. 8. Aggrieved, assessee preferred an appeal before the ld. CIT(A) and partly succeeded as Ld. CIT(A) confirmed the addition for bogus purchase of Rs.51,116/-, allowed the claim of deduction u/s 80IB

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

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

ITA 1082/IND/2025[2019-20]Status: DisposedITAT Indore10 Apr 2026AY 2019-20

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

Section 139(1)Section 147Section 148Section 246ASection 250Section 253Section 68Section 69C

148 is itself bad in law. The whole process of reopening i.e. reasons, approval and issuance of notice done was mechanical and not done with proper investigation and there was totally non application of mind making addition on wrong facts 2. CIT(A) has erred in confirming the addition made by LAO of Rs.48,21,840/- as bogus purchases which

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

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

ITA 156/IND/2023[2012-13]Status: DisposedITAT Indore11 Dec 2023AY 2012-13

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

Section 144Section 147Section 148Section 44ASection 68

bogus transaction of purchase and sale of shares of M/s. Twenty First Century India Limited. In response to notice u/s 148, the assessee filed return of income on 18.4.2018, declaring the same income as it was declared in the original return of income. The AO completed the assessment u/s 147 read with Section 144 of the Income