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13 results for “bogus purchases”+ Section 251(2)clear

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Key Topics

Section 143(3)13Section 271(1)(c)12Addition to Income12Section 14A9Disallowance7Section 253(5)4Section 143(2)4Section 684Penalty4

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

ITA 85/IND/2020[2013-14]Status: DisposedITAT Indore27 Jul 2021AY 2013-14

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:

Section 132Section 143(3)Section 271(1)(c)Section 274

2 - Through these ground of appeal, the appellant has challenged the levy of penalty of Rs. 60,00,0001- U/S 271(1)(c) of the Income Tax Act and also the initiation of the penalty proceedings uls 271(1)(c) and also the penalty show cause notice issued uls 274. 5.1.1 It is seen that the appellant filed its return

ACIT CENTRAL-2 INDORE, INDORE vs. SHRI .GAURAV TEKRIWAL, INDORE

In the result, this appeal of Revenue is dismissed

Section 1473
Reassessment3
Limitation/Time-bar3
ITA 62/IND/2021[2015-16]Status: DisposedITAT Indore21 Nov 2022AY 2015-16

Bench: Ms. Madhumita Roy & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2015-16 Acit, Central -2 Shri Gaurav Tekriwal Indore बनाम/ 204, Princess Valley, South Tukoganj, Indore Vs. (Appellant / Revenue) (Respondent / Revenue) Pan: Acppt 1628 Q Assessee By Shri Anil Kamal Garg, Arpit Gaur, Ars Revenue By Shri P.K. Mitra, Cit-Dr Date Of Hearing 21.09.2022 Date Of Pronouncement 21.11.2022

Section 143(2)Section 143(3)Section 2Section 54FSection 55(2)(a)Section 57

251 has also held the same view. Furthermore, the Hon'b1e Amritsar Tribunal in the case of DCIT vs. Assa Singh &Anr. (2016) CCH 0287 (AsrTrib) held that agreement to purchase was sufficient document to indicate transfer of property in favour of the assessee. It was held that through the agreement. the seller was restrained to sell the property

INCOME TAX OFFICER 5(1), INDORE vs. UMANG DEVELOPERS, INDORE

Appeals are dismissed

ITA 502/IND/2023[2017-18]Status: DisposedITAT Indore27 Mar 2025AY 2017-18
Section 139Section 143(3)Section 253(5)

251 or the imposition of penalty\nunder section 271.\"\nAdditional evidences are normally not allowed so as to bring finality to\nassessment proceedings. However, this cannot be at the cost of natural\njustice. Therefore, Rule 46A(1)(b) & 46A(1)(c) give opportunity to appellant to\nproduce additional evidences in cases where an appellant is prevented by\nsufficient cause from

INCOME TAX OFFICER INDORE 5(1), INDORE vs. UMANG DEVELOPERS, INDORE

Appeals are dismissed

ITA 503/IND/2023[2018-19]Status: DisposedITAT Indore27 Mar 2025AY 2018-19
Section 139Section 143(3)Section 253(5)

251 or the imposition of penalty\nunder section 271.\"\nAdditional evidences are normally not allowed so as to bring finality to\nassessment proceedings. However, this cannot be at the cost of natural\njustice. Therefore, Rule 46A(1)(b) & 46A(1)(c) give opportunity to appellant to\nproduce additional evidences in cases where an appellant is prevented by\nsufficient cause from

SOM DISTILLERIES AND BREWERIES LTD.,BHOPAL vs. ITO-1(1), BHOPAL

Appeal is partly allowed for statistical

ITA 271/IND/2023[2013-14]Status: DisposedITAT Indore08 Aug 2024AY 2013-14

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniay: 2013-14 Som Distilleries & Income-Tax Officer, बनाम/ Breweries Limited, 1(1), Vs. Som House, Bhopal. 23, Zone Ii, M.P. Nagar, Bhopal (Pan: Aabcs3374B) (Assessee/Appellant) (Revenue/Respondent) Ay:2014-15 Acit (Central)-1, Som Distilleries & बनाम/ Bhopal Breweries Limited, Vs. Som House, 23, Zone Ii, M.P. Nagar, Bhopal (Pan: Aabcs3374B) (Revenue/Appellant) (Assessee/Respondent)

Section 139(1)Section 143(2)Section 143(3)Section 14ASection 234A

section 250(2)(b) of the Act and in response to his notice, the AO failed to submit any report. Further, in absence of any specific request from the AO, the CIT(A) presumed that the AO did not want to attend the hearings. Thus, when the case involved hefty additions and the AO considered his additions on sound footing

ACIT (CENTRAL)-1, BHOPAL, BHOPAL vs. SOM DISTILLERIES AND BREWERIES LTD., BHOPAL

Appeal is partly allowed for statistical

ITA 297/IND/2023[2014-15]Status: DisposedITAT Indore08 Aug 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniay: 2013-14 Som Distilleries & Income-Tax Officer, बनाम/ Breweries Limited, 1(1), Vs. Som House, Bhopal. 23, Zone Ii, M.P. Nagar, Bhopal (Pan: Aabcs3374B) (Assessee/Appellant) (Revenue/Respondent) Ay:2014-15 Acit (Central)-1, Som Distilleries & बनाम/ Bhopal Breweries Limited, Vs. Som House, 23, Zone Ii, M.P. Nagar, Bhopal (Pan: Aabcs3374B) (Revenue/Appellant) (Assessee/Respondent)

Section 139(1)Section 143(2)Section 143(3)Section 14ASection 234A

section 250(2)(b) of the Act and in response to his notice, the AO failed to submit any report. Further, in absence of any specific request from the AO, the CIT(A) presumed that the AO did not want to attend the hearings. Thus, when the case involved hefty additions and the AO considered his additions on sound footing

ACIT-1(1), INDORE vs. KRITI NUTRIENTS LIMITED, INDORE

The appeal of the Revenue is allowed for statistical\npurposes

ITA 780/IND/2024[2021-22]Status: DisposedITAT Indore09 Jan 2026AY 2021-22
Section 246ASection 250Section 253

bogus\npurchases without any evidence\ncannot be a basis for rejection of\nbooks of account.\n1.5) The assessing authority vide Para 7.8 and 7.9 at page 15 of\nAssessment order applied gross profit rate of 7.20% being average gross\nprofit earned in preceding three years viz. A.Y. 2018-19 (7.92%), 2019-20\n(7.71%) & 2020-21(5.96%) based on above

M/S PLATINUM HORAZINE PVT. LTD.,INDORE vs. THE ACIT CIRCLE 3(1), INDORE

In the result, the appeal of the assessee stands

ITA 713/IND/2016[2009-10]Status: DisposedITAT Indore04 May 2017AY 2009-10

Bench: Shri Chandra Mohan Garg & Shri O.P.Meenaआ.अ.सं./ I.T.A. No.713/Ind/2016 िनधा"रण वष" /Assessment Year: 2009-10

Section 249Section 253Section 271(1)Section 4Section 5

251 ITR 9 (SC)/ 119 Taxman 429, a revised return was filed which was regularized by the Revenue, therefore, the explanation of the assessee was treated as bonafide whereas in the instant case the assessee has not filed any revised return and it was only during the course of assessment proceedings, he has admitted bogus loss. Therefore, the facts

DECENT INDUSTRIES P. LTD.,BHOPAL vs. ITO-1(2), BHOPAL

Appeal is partly allowed

ITA 356/IND/2023[2012-13]Status: DisposedITAT Indore20 Aug 2024AY 2012-13

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani(Virtual Hearing) Assessment Year: 2012-13 M/S Decent Industries Ito-1(2), Private Ltd, Bhopal 5Th Floor, Corporate Park, बनाम/ Db City Area Hills, Vs. Opp. M.P. Nagar Zone I, Bhopal (Assessee/Appellant) (Revenue/Respondent) Pan: Aaeca6271G Assessee By Ms. Shilpa Gupta & Shri N.K. Gupta Revenue By Shri V.K. Singh, Cit-Dr Date Of Hearing 04.06.2024 Date Of Pronouncement 20.08.2024

Section 133ASection 143(2)Section 147Section 148Section 14ASection 68

251 of Paper-Book where the audited Balance-Sheet of assessee filed to Page 14 of 44 M/s Decent Industries Pvt. Ltd ITA No. 356/Ind/2023 – AY 2012-13 department for preceding AY 2011-12 is placed. In Schedule-1, there is “issued and paid-up capital” of Rs. 38,30,800/- from 3,83,080 preference shares

SHRI CDR, UDAI SINGH,BHOPAL vs. THE ACIT 3(1), BHOPAL

In the result, the appeal of the assessee is allowed

ITA 791/IND/2014[2010-11]Status: DisposedITAT Indore19 Jan 2017AY 2010-11

Bench: Shri D.T. Garasia & Shri O.P. Meenaआ.अ.सं./I.T.A. No.791/Ind/2014 "नधा"रण वष" /Assessment Year: 2010-11 Cdr Udaisingh Bhopal Pan – Aglps – 7299C :: अपीलाथ" /Appellant Vs Acit 3(1) :: ""यथ" /Respondent Bhopal Shri Ajay Tulsiyan & "नधा"रती क" ओर से/Assessee By Shri Pankaj Shah Shri K.G. Goyal राज"व क" ओर से/Revenue By 12.1.2017 सुनवाई क" तार"ख Date Of Hearing 19.1.2017 उ"घोषणा क" तार"ख Date Of Pronouncement

Section 143(3)Section 271(1)(c)

purchase and sale deed were submitted. The assessee submitted that the assessee has entered into sale agreement and also obtained the power of attorney. The said land was not registered in the name of the assessee and the said property was not transferred to him and, therefore, the assessee was under the impression that the liability of short term capital

THE ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL), UJJAIN (STATIONED AT INDORE), UJJAIN vs. M/S. JPJ EXIM (P) LTD., INDORE

In the result, appeal filed by the Revenue is hereby dismissed

ITA 960/IND/2019[2012-13]Status: DisposedITAT Indore19 Oct 2022AY 2012-13
For Appellant: Shri Ashish Porwal, Sr. D.RFor Respondent: None
Section 133ASection 271(1)(c)Section 68

section 271(l)(c) of the Act. It was set aside by CIT(Appeals) as also by Tribunal holding that in the absence of any factual finding that the loans taken by the assessee were bogus, no penalty can be imposed. 4.1.6 It has been held by Hon'ble M.P. High Court which has been upheld by Hon'ble Supreme

ACIT (CENTRAL)-1 INDORE, INDORE vs. ESSENCE COMMODITIES (P) LTD., INDORE

In the result all the appeals of revenue for A

ITA 675/IND/2019[2011-12]Status: DisposedITAT Indore10 Feb 2023AY 2011-12

Bench: Shri Chandra Mohan Garg & Shri Bhagirath Mal Biyani

For Appellant: Shri Shreya JainFor Respondent: Shri P.K Mishra, CIT (DR)

2. NMCE is a nationalised electronic exchange and having membership and clientele all over India. Cross Objection No.17/Ind/2020 Cross Objection Nos.04 & 09/Ind/2021 Essence Commodities Pvt. Ltd., 3. The trading on NMCE happens in electronic platform and all the orders are visible to each and every person in front of electronic screen of NMCE, thus anybody from all India can strike

ACIT,CENTRAL-1, INDORE vs. M/S ESSENCE COMMODITIES P LTD, INDORE

In the result all the appeals of revenue for A

ITA 184/IND/2020[2013-14]Status: DisposedITAT Indore10 Feb 2023AY 2013-14

Bench: Shri Chandra Mohan Garg & Shri Bhagirath Mal Biyani

For Appellant: Shri Shreya JainFor Respondent: Shri P.K Mishra, CIT (DR)

2. NMCE is a nationalised electronic exchange and having membership and clientele all over India. Cross Objection No.17/Ind/2020 Cross Objection Nos.04 & 09/Ind/2021 Essence Commodities Pvt. Ltd., 3. The trading on NMCE happens in electronic platform and all the orders are visible to each and every person in front of electronic screen of NMCE, thus anybody from all India can strike