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)

section 139(1) of Income-tax Act, 1961. Further, all parties have collected ‘TCS’ u/s 206C of Income-tax Act, 1961 on scrap purchased by assessee from them. The ‘TCS’ so collected is mentioned in their invoices and deposited to Income-tax Department for which the assessee claimed credit against tax liability also. Hence, all parties are in the mainstream

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

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

bogus. of books. 2 No justification is given as The assessee is supplying books to the to why payments are made students of the Universities managed by to AISECT Bhopal for the societies under same management. supply of books who are These societies, with an object to themselves concentrate their focus on the core activity of providing education have

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

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

bogus. of books. 2 No justification is given as The assessee is supplying books to the to why payments are made students of the Universities managed by to AISECT Bhopal for the societies under same management. supply of books who are These societies, with an object to themselves concentrate their focus on the core activity of providing education have

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

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

bogus. of books. 2 No justification is given as The assessee is supplying books to the to why payments are made students of the Universities managed by to AISECT Bhopal for the societies under same management. supply of books who are These societies, with an object to themselves concentrate their focus on the core activity of providing education have

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

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

bogus. of books. 2 No justification is given as The assessee is supplying books to the to why payments are made students of the Universities managed by to AISECT Bhopal for the societies under same management. supply of books who are These societies, with an object to themselves concentrate their focus on the core activity of providing education have

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

Bogus Purchases, sundry creditors and the unsecured loans in respect of which additions were made by the “Impugned Assessment Order” that the same were sustained by the “Impugned Order”. (3.3) In so far as issue of Notice u/s 148A(2) was concerned the Assessee did not file any reply there to. (3.4) It was submitted that the Assessee

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

20 weeks from the date of purchase. ii) As these vendors did not have any bank a/c at Bhopal hence payments were made to them in cash against delivery of birds . iii) The appellant had the infrastructure capacity to house maximum One lakh laying birds, hence it was considered expedient not to purchase the birds further. -: 12 :- Shri Chandra Mohan

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

20 weeks from the date of purchase. ii) As these vendors did not have any bank a/c at Bhopal hence payments were made to them in cash against delivery of birds . iii) The appellant had the infrastructure capacity to house maximum One lakh laying birds, hence it was considered expedient not to purchase the birds further. -: 12 :- Shri Chandra Mohan

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

Bench: Shri Manish Borad & Miss Madhumita Roy

bogus bills. Based on this information notice was issued by Ld. AO u/s 148 of the Act. 14. However, records shows that after receiving the information Ld. AO has not made an independent application of mind on the information. Before initiating the reassessment proceedings in motion he was bound to examine the facts related to the purchase from M/s. Motion

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

Bench: Shri Manish Borad & Miss Madhumita Roy

bogus bills. Based on this information notice was issued by Ld. AO u/s 148 of the Act. 14. However, records shows that after receiving the information Ld. AO has not made an independent application of mind on the information. Before initiating the reassessment proceedings in motion he was bound to examine the facts related to the purchase from M/s. Motion

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

20 Shri Jairam Education Society ITA No.90 & 548/Ind/2019 HEAD NOTE - Section 12AA of the Income-tax Act, 1961 - Charitable or religious trust - Registration procedure (Cancellation of registration) - Assessee-trust was formed with an object of runnig a hospital and research centre - It was granted registration under section 12A in year 1979 and since then assessee had been claiming benefit

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

20 Shri Jairam Education Society ITA No.90 & 548/Ind/2019 HEAD NOTE - Section 12AA of the Income-tax Act, 1961 - Charitable or religious trust - Registration procedure (Cancellation of registration) - Assessee-trust was formed with an object of runnig a hospital and research centre - It was granted registration under section 12A in year 1979 and since then assessee had been claiming benefit

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

20 times the cost of acquisition of these shares therefore, the AO doubted the genuineness of the transactions. However, once the cost of acquisition is the real amount the assessee has paid for purchase of these shares and the sale price was actual prevailing price at the stock exchange then in the absence of any material or fact to show

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

20 times the cost of acquisition of these shares therefore, the AO doubted the genuineness of the transactions. However, once the cost of acquisition is the real amount the assessee has paid for purchase of these shares and the sale price was actual prevailing price at the stock exchange then in the absence of any material or fact to show

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

20 times the cost of acquisition of these shares therefore, the AO doubted the genuineness of the transactions. However, once the cost of acquisition is the real amount the assessee has paid for purchase of these shares and the sale price was actual prevailing price at the stock exchange then in the absence of any material or fact to show

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

In the result, appeal of assessee is allowed

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

bogus. The Assessing Officer accepted the purchases as genuine but added certain amount on the premise that the assesse's profit from such dealings would have been higher than disclosed. The entire issue was at large before the Appellate Commissioner. It is well known that the Commissioner (Appeals) while hearing the assessee's appeal has powers to even enhance

SADHU RAM BALANI,INDORE vs. ITO-5(1), INDORE, INDORE

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanisadhu Ram Balani Ito-5(1) Flat No.B-503, Moti Mahal Indore Apartment 28-A, Sector-C Vs. Scheme No.71, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Abspb5367L Assessee By Shri S.N. Agrawal, Ar Shri Ashish Porwal, Sr. Dr Revenue By Date Of Hearing 04.09.2024 Date Of Pronouncement 24.09.2024

20 per share and sale of these shares @ Rs.488.45 to Rs.492.05 per share which is jump of around 25 times within a short period. Thus, ld. DR has submitted that entire transactions of purchase and sale of shares are as per the scheme of manipulated transactions of these entities by certain insider traders for providing accommodation entries for long term

SMT. RUKMANI KHANDELWAL,INDORE vs. ITO-4(3), INDORE

In the result, all the captioned appeals filed by different

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

20,35,146/- Rs. 27,47,036/- Rs.17,68,463/-Rs.18,02, 780/- DOCUMENTARY EVIDENCES SUBMITTED BEFORE AO AND CIT(A): Share Purchase Documents Pg 15 to 17 of PB Since the issues involved in all the appeals are Share Certificate Pg 18 of PB identical and documents submitted are also same, Share Transfer