MATHARLAL MUNGALAL AGRAWAL,KHANDWA vs. THE ITO, KHANDWA

Bench: Ms. Madhumita Roy & Shri B.M. Biyani

bogus. During first-appellate proceeding, the Ld. CIT(A) has also considered the entire material and agreed with the action of Ld. AO. On a careful consideration, we do not find any reason to upset the findings of lower- authorities. However, we are conscious of several decisions where it has been categorically held that if the purchases are found lacking

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

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

section 69C was held to be not justified. CIT v. Nikunj Eximp Enterprises (P.) Ltd. (2013) 216 Taxman 171 (Mag.) (Bom.)(HC) AISECT Ltd ITA No.945, 946, 952 & 953/Ind/2019 Sale to government department-Alleged bogus purchases- Sales not doubted, merely because suppliers not appeared before the Assessing Officer or Commissioner (Appeals), purchases cannot be disallowed. DCIT v Shri. Kanakmal Sanghavi

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

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

section 69C was held to be not justified. CIT v. Nikunj Eximp Enterprises (P.) Ltd. (2013) 216 Taxman 171 (Mag.) (Bom.)(HC) AISECT Ltd ITA No.945, 946, 952 & 953/Ind/2019 Sale to government department-Alleged bogus purchases- Sales not doubted, merely because suppliers not appeared before the Assessing Officer or Commissioner (Appeals), purchases cannot be disallowed. DCIT v Shri. Kanakmal Sanghavi

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

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

section 69C was held to be not justified. CIT v. Nikunj Eximp Enterprises (P.) Ltd. (2013) 216 Taxman 171 (Mag.) (Bom.)(HC) AISECT Ltd ITA No.945, 946, 952 & 953/Ind/2019 Sale to government department-Alleged bogus purchases- Sales not doubted, merely because suppliers not appeared before the Assessing Officer or Commissioner (Appeals), purchases cannot be disallowed. DCIT v Shri. Kanakmal Sanghavi

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

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

section 69C was held to be not justified. CIT v. Nikunj Eximp Enterprises (P.) Ltd. (2013) 216 Taxman 171 (Mag.) (Bom.)(HC) AISECT Ltd ITA No.945, 946, 952 & 953/Ind/2019 Sale to government department-Alleged bogus purchases- Sales not doubted, merely because suppliers not appeared before the Assessing Officer or Commissioner (Appeals), purchases cannot be disallowed. DCIT v Shri. Kanakmal Sanghavi

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:

bogus expenditure on account of purchase of M/s. Kalyan toll Highways Pvt. Ltd. ITANo.85/Ind/2020 Bitumen and then inflated the project cost and concluded that the appellant had made a wrong claim on account of expenditure incurred against cost of the project under consideration and is in default for furnishing inaccurate particulars of such income and levied a penalty

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

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

34,341/- 19. Thus as manifest from the assessment order that the AO did not accept the claim of the assessee regarding fair market value of the land as on 01.04.1981 and referred the matter to the DVO, however, the report of the DVO was not received till the limitation of framing assessment, therefore, the AO himself has recomputed

BHARAT KALWANI,INDORE vs. ITO-4(3), INDORE

In the result, all the appeals filed by the assessee are allowed for statistical purposes, subject to the payment of costs as directed above

Bench: Shri Siddhartha Nautiyal & Shri Bhagirath Mal Biyani

bogus purchase bills to various beneficiaries, which were later withdrawn in cash after charging commission. He also failed to substantiate any genuine trading activity in grains as claimed by him. 3.1. Based on this information, the case of the assessee was reopened under section 147 of the Act. In response, the assessee filed a return of income on 25.04.2021 declaring

BHARAT KALWANI,INDORE vs. ITO-4(3), INDORE

In the result, all the appeals filed by the assessee are allowed for statistical purposes, subject to the payment of costs as directed above

Bench: Shri Siddhartha Nautiyal & Shri Bhagirath Mal Biyani

bogus purchase bills to various beneficiaries, which were later withdrawn in cash after charging commission. He also failed to substantiate any genuine trading activity in grains as claimed by him. 3.1. Based on this information, the case of the assessee was reopened under section 147 of the Act. In response, the assessee filed a return of income on 25.04.2021 declaring

BHARAT KALWANI,INDORE vs. ITO-4(3), INDORE

In the result, all the appeals filed by the assessee are allowed for statistical purposes, subject to the payment of costs as directed above

Bench: Shri Siddhartha Nautiyal & Shri Bhagirath Mal Biyani

bogus purchase bills to various beneficiaries, which were later withdrawn in cash after charging commission. He also failed to substantiate any genuine trading activity in grains as claimed by him. 3.1. Based on this information, the case of the assessee was reopened under section 147 of the Act. In response, the assessee filed a return of income on 25.04.2021 declaring

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

34 Shri Jairam Education Society ITA No.90 & 548/Ind/2019 we find that the reasons advanced by the Commissioner are not germane. On this point, the learned representative for the assessee has relied on the following decisions to say that section 12AA(3) cannot be invoked by Commissioner for cancellation of registration merely for violation of provisions of section

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

34 Shri Jairam Education Society ITA No.90 & 548/Ind/2019 we find that the reasons advanced by the Commissioner are not germane. On this point, the learned representative for the assessee has relied on the following decisions to say that section 12AA(3) cannot be invoked by Commissioner for cancellation of registration merely for violation of provisions of section

POONAMCHAND NARAYANDAS SOONI,KHIRKIYA vs. ITO-2, HARDA

In the result appeal of the assessee is allowed

Bench: Shri Manish Boradpoonamchand Narayandas Income Tax Officer -2, Sooni, Harda Main Road, H. No.26, Vs. Khirkiya, Madhya Pradesh (Appellant / Assessee) (Respondent/ Revenue) Pan: Aabfp3619H Assessee By S/Shri Ashish Goyal & N.D. Patwa, Ars Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 06.08.2024 Date Of Pronouncement 09.08.2024 O R D E R

34,850 Wheat PB-5 PB- 40-42 PB-17 Mahendra Kumar 8 Dinesh S/o Khirkiya 72,600 Soyabean PB-5 PB- 64-66 PB-12 Shri Prahlad 9 Mohan S/o Sirali 40,480 Moong PB-5 PB- 58-60 PB-10 Shri Kishore 10 Mukesh S/o Khirkiya 75,750 Soyabean PB-5 PB- 67-70 PB-13 Shri Lakshinarayan

DCIT-3(1), BHOPAL, BHOPAL vs. MANIDHARI JEWELLERS, BHOPAL

The appeal are allowed

Bench: Bhagirath Mal Biyani & Shri Paresh M Joshidcit-3(1), Manidhari Jewellers, बनाम/ Bhopal Room No.202, Vs. Metro Walk Bulding, Bitten Market, Arera Colony, Bhopal (Pan: Abafm6546L) (Revenue) (Respondent) Assessee By Shri Yashwant Sharma, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 01.05.2025 Date Of Pronouncement 09.05.2025 आदेश/ O R D E R

34,50,000/- is presumed to be the unaccounted cash of the assessee which has been routed back into the books of account by taking bogus sale entry from M/s R.B. Enterprises." 5.3.6 As per settled law, the initial onus is on the assessee to establish by cogent evidence the genuineness of the transaction under section 68. Hon'ble Supreme

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

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

In the result, this appeal of Revenue is dismissed

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 56 of the Companies Act, 2013 read with sub-rule (1) of Rule 11 of the Companies (Share Capital and Debentures) Rules 2014 and under the Companies Act, a share transfer form can be filed on a plain paper and should bear the stamps of requisite value. Thus, I find that, the securities transfer form was complete